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(영문) 대구지방법원 2017.05.18 2017고단442
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of the freight truck in D.

On December 4, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol 0.150% during blood transfusions on December 4, 2016, along the two-lanes in the direction of the flow distance from the direction of the border distance to the direction of the flow distance.

The driver of any motor vehicle shall accurately operate the steering gear, brakes, etc. and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others according to the traffic conditions of the road.

Nevertheless, the Defendant neglected to do so and proceeded at the same lane as it was, and the Defendant shocked the back part of the Victim G(40) G(S) driving in the front part of the above vehicle, and caused the collision with the back part of the victim I(29 tax) JNS CF car in the front part, with the shocking car due to its shock.

As a result, the Defendant destroyed the Victim G's rocketing car equivalent to the repair cost of KRW 5,759,917, and the Victim I's NA Y Y-PP car amounting to KRW 932,367, respectively. At the same time, the Defendant suffered injury to the Victim G, the Victim K, and the Victim K for about two weeks medical treatment, and suffered injury to the throst salt, etc., which requires approximately two weeks medical treatment, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and G;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The phrase “Article 148-2 subparag. 2 subparag. 3 of the Road Traffic Act” written indictment as to the facts constituting a crime in Article 148-2 subparag. 2 of the Road Traffic Act appears to be a clerical error.

Article 44 (1) (the point of drinking driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Law.

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