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(영문) 대구지방법원 2020.05.26 2020고단977
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) and the defendant are engaged in driving of Bcom-sports cargo vehicles;

On January 1, 2020, the Defendant driven the above cargo while under the influence of 0.126% of blood alcohol level around 15:40, and proceeded with the road of one lane in front of the Glurg-gun, Glurg-gun, Glurg-gun, Glurg-gun, Glurg-do, Glurg-do.

Since the location is a bend road of one lane, and the center line of yellow-ray is installed, a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the front line and prevent accidents by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, as seen above, shocked the E-Poter Cargo Driving Doctrine that is driven by the victim D (the age of 60) due to the negligent operation of the center line of the yellow solid line, with the part that was driven by the victim D (the age of 60).

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D in need of approximately two weeks of treatment to the victim D, sustained injury to the victim F (24 years of age) of the damaged vehicle in need of treatment for about two weeks, and at the same time, avoided damage to the victim F (F) of the damaged vehicle in need of treatment for about two weeks, without immediately stopping the damaged vehicle and avoiding the repair cost of KRW 1,035,110, such as the exchange of even before the left-hand side of the damaged vehicle.

2. Violation of the Road Traffic Act (driving) driving the Bco-sports cargo vehicle under the influence of alcohol by approximately 0.126% in the section of about 8km from the 0km section to the front road in the Dolsan-do, Dolsan-do, Dolsan-do, Dolsan-gun, Dolsan-do, Seocheon-do, Dolsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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