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(영문) 대구지방법원 2018.09.07 2018고단2596
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 Crane car.

On May 24, 2018, the Defendant driven the said car under the influence of alcohol content of 0.138% among blood transfusions on May 24, 2018, and led the Cheongcheon Elementary School, which is located in 197 in the Yanyang-si Hayang-si Yansan City, to proceed to the Yancheon University, on the Doll University.

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant did not discover a victim D(65) who is waiting in the front line of alcohol in accordance with the new subparagraph (65) in the front line of alcohol and did not drive the E-learning Motor Vehicle as it is, thereby, received the back part of the E-learning Motor Vehicle as the front part of the E-learning Motor Vehicle.

As a result, the Defendant, by negligence in the course of business, caused the victim to suffer injury to the cryp salt, etc. in need of approximately two weeks of medical treatment, and at the same time, did not immediately stop the cryping passenger car to the extent of scrapping it, and escaped without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

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

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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