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(영문) 대구지방법원 영덕지원 2018.07.25 2018고단109
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On April 22, 2018, the Defendant, at around 19:40 on April 22, 2018, driven a c gender car while under the influence of alcohol level 0.175% from the 767m section to the fluoral road, in the case of the fluoral road located in the 2nd, the fluoral 2nd, in the same fluoral 1st, in the case of the fluoral fluoral road.

2. The Defendant is a person who is engaged in driving a motor vehicle with Category C gender in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and in violation of the Road Traffic Act (or the injury).

The Defendant, while under the influence of alcohol level of 0.175% during the blood transfusion at the time of the day set forth in paragraph 1, was driven by the said car, and continued to proceed to a large-scale intersection at the entrance of the market at the direction of the Gyeong-gun, Young-gun.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as complying with signals, when driving a motor vehicle in a clear spirit and entering the intersection without drinking.

Nevertheless, even though the signal installed at the above intersection was a stop signal, the defendant entered the above intersection by such a way as so-called sobreathing, etc., and the part of the victim E (51) driving through the above intersection due to the port-side navigation from the Yong-debrea side, which was passing through the above intersection, and the part of the driver in front of the right-hand part of the cargo vehicle in the defendant driver's operation, was collisioned with the part of the front part of the vehicle in front of the left-hand part of the motor vehicle.

As a result, the Defendant suffered injury, such as salt ties and tensions, etc., to the victim by occupational negligence, which requires approximately two weeks of medical treatment. On the other hand, the Defendant escaped without taking necessary measures, such as aiding the victim and removing non-products, so that the 1,371,379 won of repair costs is considerably high.

Summary of Evidence

1. Statement by the defendant in court;

1. E.

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