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(영문) 대구지방법원 안동지원 2014.12.30 2014고단875
특정범죄가중처벌등에관한법률위반(도주차량)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

On June 16, 2014, the Defendant, who is engaged in driving B eth-sports cargo vehicles, operated the above cargo vehicles under the influence of alcohol level of at least 0.1% at around 19:35 on June 16, 2014, and proceeded with the national highway No. 34 (34) prior to the Geumcheon-gu Geumcheon-gu Geumcheon-gu, Anndong-dong, Anndong-si, Anndong-si, S

At the time, the victim C(50 years of age) is driving on the electric road, and the defendant engaged in driving service has a duty of care to properly handle the electric section and to properly operate the steering system.

Nevertheless, the Defendant found the victim’s car at the latest due to negligence of neglecting the time of the front week at the wind to operate mobile phones and took a sudden operation measure. However, due to the lack of the measure, the Defendant received the victim’s vehicle back to the left side of the victim’s car and received the part as the front part of the passenger’s car.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injuries to salt and tensions that require treatment for about three weeks, and escaped without stopping and taking measures such as providing relief to the victim, even though the victim’s damage to the amount equivalent to KRW 1,301,538, such as the replacement of the victim’s vehicle behind the vehicle for repair, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, host driver's license reports, investigation reports, and criminal investigation reports (Presumption of blood alcohol concentration by a suspect);

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 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 concerning the crime (the point of view of failing to take measures after destroying or damaging property by occupational negligence);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of a Do driving vehicle) of the same Act.

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