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(영문) 대구지방법원 서부지원 2014.06.19 2014고단479
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 29, 2014, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) drive a knife vehicle under the influence of alcohol of about 0.119% without obtaining a driver’s license in the section of about 1km from the front of the pul driving range to the erode distance in the same ero-Eup, Daegu-gun, Daegu-gun, by around 22:35.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) have been driven by BKankn-si car at the date and time set forth in paragraph 1, and the Defendant has proceeded to the intersection from the direction of a Dan-Eup Office along three-lanes of the three-lane distance.

In such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving in accordance with the signals of signal apparatus.

Nevertheless, the Defendant neglected this and got a part of the victim C(49 years old) driving in front of the left-hand side of the vehicle that the Defendant is driving by negligence in contravention of the signal while under the influence of alcohol.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer bodily injury, such as a drilling and catum salt requiring treatment for about three weeks, and at the same time, avoided the damaged passenger vehicles by immediately stopping them, without taking measures, such as providing relief to the victim, even though it damages the damaged automobiles to the extent that the amount equivalent to KRW 2,957,548, such as the exchange of the front driver.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and on-site photographs;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of the police protocol law to C

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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