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(영문) 대구지방법원 서부지원 2019.05.15 2018고단2987
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2018, at around 23:55, the Defendant driven a B SP car while under the influence of alcohol level of 0.231%. On September 28, 2018, the Defendant driven a B SP car at a speed of about 30km from C to the reduction four-km width.

Since there is a long distance intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely circumvent the traffic situation of the intersection in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and caused negligence by entering the intersection as it is, and caused the victim's damage to the right side of the Estyna-si in the victim's DNA driving, who was directly engaged in under the new code, from the sloping distance room at the above intersection, to be the front part of the car in the spathy area.

As a result, the Defendant destroyed a damaged vehicle by occupational negligence in a way that the amount equivalent to KRW 1,269,750 of the repair cost, and at the same time suffered an injury to the light salt and tension for about two weeks in need of treatment, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (report on the circumstances of a host driver), a criminal investigation report (verification of a black box image of a Ma2 Vehicle and a witness vehicle), and a criminal investigation report (verification of a Ma1 Vehicle Track video);

1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

1. A written diagnosis and written estimate;

1. Application of six on-site vehicle photographs, ten on-site vehicles, ten on-site vehicles booms images, one on-site map (transfer route), and eight on-site vehicles booms, and eight on-site vehicles booms;

1. After the accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding criminal facts.

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