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(영문) 대구지방법원 서부지원 2020.06.25 2020고단136
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 1, 2019, at around 22:34, the Defendant was under the influence of blood alcohol concentration of 0.067%, and was under the influence of B, and became to turn to the left from C Apartment to D, the main intersection of which is located in 43 as a scientific village of Daegu-gu, if it was the Gu, Daegu-gu.

At all times, the signal has been installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to make a left-hand turn to the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on on the right-hand side of the injured party F(35 years old) drive G cruise car, which was driven by the straight-on signal from the front-hand side of the car.

Ultimately, the Defendant suffered injury to the victim for approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time, escaped without destroying the said cruise car to be 1,756,778 won as the repair cost and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Medicine map, photograph, actual condition survey report, 112 Report processing table, diagnosis document, vehicle register inquiry, estimate, statement on the actual condition of the driver himself/herself, and verification personnel of the purchase of motor vehicle insurance;

1. A report on internal investigation (number 14, 16, 18);

1. Application of Acts and subordinate statutes of the investigative report (No. 1,3,5,37,39,40,41)

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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