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(영문) 대구지방법원 2017.02.09 2016고단5862
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On October 2, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.116% in blood and 0.10% in blood, and operated the street side of the building C in front of the Gyeongcheon-si, Chungcheongnamcheon-si, Gyeongcheon-si.

In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by taking the front door and left door well.

Nevertheless, the defendant has been negligent in driving and has been driven by the victim D(63) who was stopped to turn to the left at the front of the Madern direction by negligence, and has been driven by the victim D(63).

EK7 Private taxi's back part of the upper right-hand part of the defendant's car conflict with the top-hand part of the defendant's car.

As a result, the defendant suffered from the victim FF (76 tax) who was on board the cab of the victim for two weeks of medical treatment of the above victim D, and at the same time, the victim FF (76 tax) who was on board the cab of the victim suffered multiple scambling in need of medical treatment for two weeks of medical treatment, and at the same time, did not take measures such as destroying property to cover 2,091,241 won, such as exchange of the above damaged vehicle scamblinger, and escape without taking measures such as aiding the victim at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A report on the occurrence of a traffic accident (a report stating the circumstances of the driver at home);

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, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 54(2)2 and 44(1) of the Road Traffic Act concerning the criminal facts under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of drinking alcohol)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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