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(영문) 대구지방법원 포항지원 2016.11.02 2016고단1098
특정범죄가중처벌등에관한법률위반(도주치상)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

On June 3, 2013, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act, and a summary order of KRW 3 million for the same crime in the same court on April 23, 2014.

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On March 12, 2016, the Defendant, without obtaining a driver's license on March 12, 2016, 01:40, 0.102% of the blood alcohol concentration, was driven by the Defendant at a speed of about 30 km in front of the three-lane intersection of the D Parts Agency located in the north-gu, Gyeong-gu, Gyeong-si, North Korea, at the speed of about 30 km from the direction of the two vehicles.

At night, there was a duty of care to prevent accidents in advance, such as temporary stop in the stop line and checking whether there is a vehicle that proceeds from unfolding well after checking the front left, as a person engaged in driving at night.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the age of 65) who was driving from the two-way distance to the three-way distance of a pair of automobiles by negligence and neglected to turn left the left, and received a half of the left-hand side of the taxi for business use of the said car as the whole right-hand side of the said car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and, at the same time, did not immediately stop the said taxi and run away without taking measures such as aiding the victim, even though the said taxi was damaged by the repair cost of KRW 617,200.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The actual condition survey report;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Previous convictions in judgment: Criminal history records, investigation reports, drinking-free driving, and unlicensed driving;

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