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(영문) 대구지방법원 2019.03.21 2019고단504
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a B observer car.

On July 26, 2018, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration on July 26, 2018, had the roads front of the Driju-si in Seocheoncheon-si C left the left-hand turn from the e room to the e room in Youngcheon-si.

Since it is an intersection, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle that proceeds from the left and right well, and to safely make a left-hand turn to prevent an accident.

Nevertheless, the Defendant neglected this and did not discover the GMF7 car of the injured party F (the 59-year-old) driving that was going to a lower-water room from the air room in the Youngcheon-si. However, due to the negligence, the part on the left-hand part of the above SM7 car was shocked by the Defendant’s car side.

As a result, the Defendant suffered injury to the victim, such as brain-dead in the absence of an open room for approximately three weeks of medical treatment due to occupational negligence as above, and at the same time, escaped without taking necessary measures, such as destroying the victim’s car to enter the repair cost of KRW 7,874,597, while destroying the victim’s car to rescue the victim.

2. Around 20:50 on July 26, 2018, the Defendant driven a B observer car under the influence of alcohol leveling 0.142% from a section of approximately 800 meters from the 800-meter radius to the Djuju’s road located in the same city as the Dju’s station located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A written estimate for a report on internal investigation;

1. Investigation reports (related to arrest of a suspect) and investigation reports (related to attachment of a medical certificate).

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