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(영문) 대구지방법원 상주지원 2018.07.24 2018고단132
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2018, the Defendant was under the influence of alcohol leveling 0.124% from a section of about 500 meters, from the front of a dong rental apartment located in the cooling-dong at the time of residing at around 19:28, to the river in the same city-based city, to the river in the same city-based city.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent) is a person engaging in driving of B Poter cargo vehicles.

On 19:28 around 19:28 around 2, 2018, the Defendant, while under the influence of alcohol, driven the foregoing cargo vehicle and was in front of the D in C at the time of residing at the same time, was in direct control from the upstream intersection located in the air conditioners of the same city to the 3 main apartment protection zone.

Since there was a road in a city where the passage of people and vehicles is frequent at all times, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to check and proceed with safety by properly examining the traffic conditions on the front side and the right side of the motor vehicle and to prevent accidents.

Nevertheless, the Defendant neglected to do so and followed the part on the right side of the victim E (the 23 years old), which was coming from the upper side of the main apartment as it was, due to the negligence of proceeding, was shocked with the part on the right side of the cargo vehicle of the Defendant driver.

Ultimately, even though the Defendant suffered injury to salts and tensions of arms and other parts that require two weeks of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

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

1. A medical certificate;

1. The internal investigation report and each investigation report (Nos. 6, 8, 24 to 26) 1.

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