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(영문) 대구지방법원 2017.06.14 2017고정916
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B K7 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after an accident).

On February 18, 2017, the Defendant driven the said car under the influence of alcohol level of 0.092% among blood alcohol level around 02:25 on February 18, 2017, and got to turn to the left after entering the road of one-lane in front of the 191 Singu Jung-gu, Daegu, while driving the said car under the influence of influence of 0.092%.

At this point, there is a center line of yellow domin line, so in this case, there was a duty of care to use the method of making a bypass but a bypass to the left-hand side in the moving direction for the driver of the vehicle.

Nevertheless, the Defendant neglected to turn to the left due to negligence, and did not avoid the DNA taxi of the victim C(63) driving on the right side (the subway No. 3 subway lines and the large four-lanes) from the left side of the direction of the defendant's driving by the defendant's turn to the left, and received the part prior to the driver's vehicle of the victim C's driver's vehicle.

The Defendant, by such occupational negligence, sustained injury, such as the left-hand shoulder so as to require approximately 2 weeks of treatment to the victim E (n, 39 years of age), who was accompanied by the above occupational negligence, and at the same time, destroyed the taxi owned by the victim C to have the amount equivalent to KRW 1,20,450, and escaped without taking necessary measures, such as providing relief to the damaged person by immediately stopping the taxi.

2. The Defendant was driving a B K7 car under the influence of alcohol level of 0.092% at the date and place specified in paragraph 1, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, E, or C;

1. A statement of proceedings G;

1. A written diagnosis and written estimate;

1. Guide of a traffic accident, reporting of a traffic accident, and photographs of damaged vehicles;

1. Notification of the results of the drinking control, and inquiry of the results of the drinking control;

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