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(영문) 대구지방법원 상주지원 2016.08.09 2016고단196
특정범죄가중처벌등에관한법률위반(도주차량)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a freight vehicle with D salary and one ton of freight vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and the Road Traffic Act (ii).

On April 16, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.104% during blood alcohol level from 22:55 on April 16, 2016 and continued to drive the said vehicle under the influence of alcohol level of 0.104% in the direction of Cheong-ri in the direction of Cheong-ri from the border of the 2559 resident campus.

At the time, at night, there was a situation where the traffic signal is installed and operated, so the person engaged in driving service was obliged to take a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and found the Franchi of the Victim E (F) driving at the same direction as that of the signal atmosphere from the front side of the horse, which was parked in the signal atmosphere, late later, and the car collisions after the car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the light that requires a treatment period of about three weeks, and at the same time, destroyed automobiles to be repaired in an amount equivalent to KRW 20,382,465, and escaped without immediately taking necessary measures, such as providing rescue to the victim at the site.

2. On April 16, 2016, the Defendant was under the influence of alcohol 0.104% during blood while driving a freight vehicle with a weight of one ton of D sealed 1 ton, in a state of under the influence of alcohol 0.104% from a Revised restaurant located in Docheon-dong to the front of the campus located in the same city at the time of stay at around 22:5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, G, H, and I;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. On-site photographs; 1.

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