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(영문) 대구지방법원 김천지원 2018.02.22 2017고단1698
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) was under the influence of alcohol by around 02:00, while driving a Brane car with a alcohol content of 0.149% during blood transfusion, and led the Defendant to turn off the Brane at an insular speed from the negative distance from the flue distance from the flue distance from the old city 97 at the old city.

In such cases, there was a duty of care to prevent accidents by safelypassing the operation of the driver by reducing speed and accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected this and passed through the traffic island on the left side of the running direction of the said vehicle by negligence without reducing speed, and received the back portion of the left side of the victim C(57 tax) driving at the front side of the vehicle in front of the opposite vehicle.

Defendant 1 suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, such as cerebrovasle in an open room in the head requiring medical treatment, and attempted to escape without taking necessary measures, such as providing immediate relief to the victim.

2. On October 10, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B-low-income motor vehicle under the influence of alcohol content of about 1.5 km at the section of approximately 1.5m alcohol concentration from the Belgium apartment parking lot in the Sinsi-si, Sinsi-si, Sinsi-si to about 97m.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Photographs of a survey report, on-site photo, patrol car, and fluore image of damaged vehicles;

1. Application of Acts and subordinate statutes of subparagraph (C) and written estimate (D);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Road Traffic Act concerning criminal facts.

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