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(영문) 대구지방법원 서부지원 2019.05.29 2019고단79
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 23:52 on December 7, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.080%, and the Defendant was driving C in the section of about 15 km from the front of the Seogu Seo-gu B market in Daegu-gu to the border intersection in the same city north-gu.

2. A person who is engaged in the business of driving C physical-person vehicles by the accused in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

The defendant driving the above vehicle in the temporary border like paragraph 1, and driving the vehicle along the new road in the Seogu Seo-gu, Seogu along the one lane in the direction of Seogu ICT from the Sunggu IC, but changing the three lanes.

In such a case, despite the occupational duty of care to change the course in a safe way that does not interfere with a vehicle driving on the front left and right of the vehicle, a driver of the vehicle has been obliged to use a direction in advance and to change the course in a safe way. However, under the influence of alcohol, the Defendant was in the occupational negligence of changing the lane immediately from the first lane to the third lane immediately, and the victim D (the age of 63) who proceeded with the three lanes in the same direction in the same direction, collision with the part behind the defendant's right of the vehicle, thereby causing about 2 weeks of medical treatment to the victim F (the age of 23) who is the passenger of the victim, thereby incurring about 3 weeks of medical treatment, and at the same time, the Defendant did not immediately stop or stop the above taxi with the victim's repair cost, such as exchange of the front taxi with about 1,552,160 won, and did not immediately stop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Notification of the results of the drinking driving control;

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