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(영문) 대구지방법원 2017.06.29 2017고단2580
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 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 K5-car.

On April 12, 2017, the Defendant, while under the influence of alcohol of 09:45, the Defendant was driving the front road in Daegu Water-gu C at a 0.152% alcohol level, with three-lanes from the four-lane distance towards the four-lane distance, at an insular speed.

At the same time, the victim E(n, 50 years old) driver's f G80 driver's fG80 driver's 50 driver's 50-year-old driver's fG80 driver's . Therefore, a person engaged in driving a vehicle has a duty of care to thoroughly prevent accidents from occurring.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim’s vehicle, but received the left part of the damaged vehicle with the lower part of the upper right door of the Defendant’s vehicle.

Defendant 1 suffered from an injury, such as catum salt, etc., to the victim for about two weeks of medical treatment due to such occupational negligence, and at the same time, the damaged vehicle was damaged by the repair cost of KRW 1,358,970, and went away without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Notification of the results of regulating the operation of drinking alcohol, application of a written diagnosis and written estimate;

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) and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act (the point of non-measures after property damage) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also the Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Crimes of Violation of Road Traffic Act (not the measures

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;

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