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(영문) 대구지방법원 서부지원 2018.09.05 2018고단570
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 20, 2018, the Defendant driven a motor vehicle with alcohol level of 0.229% in the blood alcohol level from around 01:20 on February 20, 2018, and led to the front of the green apartment to west from the side of the Gyeyang-gu, Daegu-gu, the Han-gu, the New-gu, the New-gu, and the Han-gu, the Han-gu, the New-gu, the New-gu, the New-gu, the

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by driving the front side and accurately operating the steering and steering devices.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding and was found to have been driving the victim C(59) under the influence of the signal waiting at the front of the said passenger car.

Ultimately, the Defendant, by its occupational negligence, destroyed the injury to the said C, such as salt ties, tensions, etc. of the rocketing car, which requires approximately 2 weeks of treatment, to the victim E (the 56-year old-old) who was accompanied by the said rocketing car, and went away as it is without taking necessary measures, such as destroying the said rocketing car to the extent that it damages approximately 1.67 million won of the repair cost, and stopping the said car on the job, and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 148-2 and 44(1) (a) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;

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