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(영문) 대구지방법원 포항지원 2017.04.26 2017고단231
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

The Defendant is a person engaging in driving a rocketing car.

On January 18, 2017, the Defendant driven the said car under the influence of alcohol content of 0.097% during blood transfusions on January 22:2:23, 2017, while driving the said car at the speed of 0.097%, and, as at the port of port in the south-gu New Year, the 408-lane 408-lane cross-sections from the north-gu west to the large-distance distance.

Since there was a cross-section with signal apparatus, there was a duty of care to proceed to a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, the Defendant neglected to do so and went through the red signal at the intersection, and took the front part of the victim C's motor vehicle in front of the right part of the said rocketing motor vehicle operated by the victim C, who was in direct control of the said intersection from the right edge to the broadcasting station of MBC to the right edge of the said intersection, and received the front part of the said FF car driven by the victim E, who was directly driving from the edge of the MBC broadcasting station, toward the right edge of the FF car driven by the victim E.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as brain-dead sugar, which requires approximately two weeks of medical treatment, and injury to the victim E, such as catum salt, tension, etc. in need of a weekly medical treatment. At the same time, at the same time, the Defendant destroyed the said car to repair the said car in an amount equivalent to KRW 4,110,731, and escaped without taking measures such as providing relief to the injured party, etc. by immediately stopping the car.

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. A survey report on actual conditions;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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