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(영문) 대구지방법원 상주지원 2018.05.29 2018고단83
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 19, 2018, the Defendant was under the influence of alcohol with approximately 2km alcohol content of about 0.118% in blood, from the 2km section to the road near the same class of trees located in the same Dong at the time of stay at around 00:05 permanently, the Defendant driven a fs-type car under the influence of alcohol content of about 0.118% in blood.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) are those who are engaged in driving a FS-type car.

On February 19, 2018, the Defendant, while under the influence of alcohol, driven the said vehicle at around 00:05, and went to turn to the left at the left of the door of the narrow distance.

At night, there was a duty of care to prevent accidents by accurately manipulating and operating the steering wheel and brakes to those engaged in driving of motor vehicles, because they were at night, and they were at a distance crossing within a market without signal, so there was a duty of care to prevent accidents.

Nevertheless, the Defendant did not neglect this and did not discover the Healala of the Victim G (21 Do) driving, which was in the right turn without looking at the front side, and did not discover the Heala of the Victim G (21 Do) driving, and received the part of the part of the victim's driver's Oala part of the front part of the Defendant's driver's car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as the mouth of the inner part that requires treatment for about six weeks, and at the same time escaped without taking necessary measures, such as stopping and saving the damaged party, even though the repair cost, such as the exchange of hand-on hand, etc., was damaged to the extent that the above repair cost was approximately KRW 4,165,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police officer against I, G, and J.

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