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(영문) 대구지방법원 2018.07.19 2018고단2137
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2018, the Defendant: (a) driven BK5 car at a section of about 5 km from the front of a mutual influent restaurant in the name, an influent m of Jin-Eup in Gyeonggi-si to the ordinary m of the same Eup under the influence of alcohol content of 0.150% in blood around 00:10 on April 13, 2018.

2. The Defendant is a person who is engaged in driving on board BK5 cars 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).

The defendant driving the above car at the time of the day set forth in paragraph 1, and driving the above car at the time of the 1st day, led to the passage of the two advanced roads at the point of the Jinyang-Eup, Jinsan-si, Seoul, to the lower side from the four-distance flood of the foreign exchange bank.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected to proceed in the front of the passenger car of the Defendant, while driving the victim C (W, 32 years old) who was waiting for the signal at the front of the traffic direction, received the part concerning the back of the passenger car from the Defendant.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim C, including the right-free knee seat, and suffered injury to the victim E (third-year) who is the damaged passenger, about two weeks of medical treatment. At the same time, at the same time, the Defendant went away without any rescue measures by failing to take any rescue measures by making it possible for the victim E (third-year) to be aware of the fact of driving, even though the damaged passenger was damaged to have an amount equivalent to KRW 4,002,049 of repair cost, such as painting exchange, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 of the Road Traffic Act concerning facts constituting a crime;

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