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(영문) 대구지방법원 서부지원 2018.05.30 2017고단2564
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

The defendant is a person who is engaged in driving a low-priced car.

On September 14, 2017, the Defendant driven the said car under the influence of alcohol level of 0.106% among blood transfusions on September 23:15, 2017, and led the said car to the speed of about 40km from the third apartment side of the Daegu Seo-gu, to the elementary school at the speed of about 30km.

At night, on the right side of the front side of the road, there was an E-car owned by the victim D(28 tax) who stops at the time, and in such a case, there was a duty of care to reduce the speed of the driver and to operate the steering system accurately while driving the steering system.

Nevertheless, the Defendant, while neglecting the influence of alcohol and proceeding as it is, received the left back part of the above-mentioned low-speed passenger vehicle with the front and rear part of the passenger vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence on the part of the victim about two weeks of medical treatment, and at the same time escaped without taking necessary measures such as aiding and abetting the victim, even though the repair cost, such as exchanging the left back door, destroyed the said low-priced motor vehicle to the extent that it would be sufficient, and thereby destroying the said high-priced motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition; 1. Notification of the results of regulating the driving of drinking alcohol, a statement report on the circumstances of the driver in charge of drinking, an investigation report (report on the circumstances of the driver in charge of drinking), and inquiry

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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