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(영문) 대구지방법원 2017.05.11 2017고단443
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence 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 vehicle with C low Pest another car.

On December 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.063% from blood alcohol level around 21:10 on December 14, 2016, and led the Defendant to turn to the left at the right of the right of the left of the front of the E-road located in D at Gyeongsan-si at the Gyeongsan-si.

Since there is a place where it is possible to turn to the left, there was a duty of care to prevent accidents in advance by accurately operating the steering system and operating the steering system and operating the steering system before turn to the left.

Nevertheless, due to the negligence of the Defendant, who neglected the alcohol and left the left while driving, the Defendant received the victim F.(40 Do) who was driving in the vicinity of the Gyeong-gu driving in accordance with the new code, from the front of the said car driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim, such as dump, tensions, etc. of the bones that requires medical treatment for about two weeks, and at the same time, even though the said mountain-est car was damaged to an extent equivalent to approximately KRW 10,418,206, such as the exchange of dump pans, the Defendant immediately stopped 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 with regard to F;

1. The application of Acts and subordinate statutes to inquire about the results of regulating drinking driving, a written diagnosis, a written estimate, and a report on investigation;

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 (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after damage) and Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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