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(영문) 대구지방법원 2019.03.21 2019고단337
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

The defendant is a person who is engaged in driving a Bchip car.

On December 7, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.144% without a driver’s license on December 22, 2018, while driving the car, and led to a breath from the lower bank at the lower bank, the boom distance of 890% in the lower bank at the lower bank.

At the time, at night and at all times, signal apparatus has been installed, so in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle to look well at the front, left, and well and to prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and received the back of the Down-Pash vehicle driven by the victim C(29 years of age) who stops in accordance with the new subparagraph at the front direction of the proceeding due to the negligence of the Defendant.

As above, the Defendant, by occupational negligence, caused the victim C and the victim E (hereinafter, 24 years old), who took advantage of the above high-est car, to suffer from the injury of the light base and tensions, etc. in need of treatment for about two weeks respectively, and at the same time, the Defendant did not immediately stop the vehicle to the extent that the above high-est car is damaged to the extent that the repair cost is equivalent to KRW 979,031, and does not take necessary measures, such as making a stop and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (specific persons suspected of being suspected and measuring the dacting driving), investigation reports (Attachment to Blue video) and investigation reports;

1. Measures to be taken after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding the crime.

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