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(영문) 대구지방법원 2018.04.13 2017고단7088
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 November 11, 2017, the Defendant driven a e-learning vehicle under the influence of alcohol leveling 0.120% without obtaining a driver’s license, while driving a e-learning vehicle under the influence of alcohol leveling 0.120% without obtaining a driver’s license.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) and a violation of the Road Traffic Act (after an accident) led the Defendant to drive the E-learning Motor Vehicle at the time and time specified in paragraph 1 and drive it in front of the road located in Daegu Dong-gu C.

A driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to operate safely.

Nevertheless, due to the negligence that the Defendant was under the influence of alcohol and was unable to accurately operate the brake system, the Defendant was placed on the right side of the Victim F (66 years old) who was running into the apartment 7 complex in the remote shopping district located in the remote shopping district, and the part of the Defendant was placed on the top of the left side of the Defendant’s car.

Ultimately, even though the Defendant, by the above occupational negligence, suffered injury to the victim, such as light dump, which requires approximately two weeks of treatment, and at the same time destroyed the repair cost, such as exchange of fences, etc., and thereby destroyed the amount equivalent to KRW 1,689,578, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis and written estimate;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

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 (in the case of a Do) and Articles 148, 54(1) (in the case of an accident) of the Road Traffic Act, Articles 148, 54(2)2 and 44 of the Road Traffic Act concerning the crime.

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