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(영문) 대구지방법원 포항지원 2018.11.01 2018고단1120
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CKa car.

1. On August 9, 2018, the Defendant was under the influence of alcohol level of 0.173% among blood transfusion at around 23:20 on August 9, 2018, the Defendant driven the said car from the roads front of the E frequency cycle, which are located in the south-gu, Nam-gu, Sinpo-si, Nam-si, Nam-si, and the roads adjacent to Samsung Bio-gu, Samsung Bio-gu, in the north-do, at approximately 3km.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the spot) and a violation of the Road Traffic Act (or after an accident) led the Defendant to drive the said vehicle under the influence of alcohol at a speed that is impossible to identify bypassing the two-lane roads in front of the E frequency located in the south-gu area at the port of port as seen above, along with the two-lane distance from the direction of the direction of the course of the transmission.

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed. In such a case, there was a duty of care to ensure that a person engaged in driving service is thoroughly able to drive safely and safely.

Nevertheless, Defendant 1, while under the influence of alcohol, did not neglect this and proceeded with the part on the left side of the instant car of Defendant F (32 Do) driving by the injured party F (32 Do) who proceeded with the road that is facing the negligence of her course by breaking the central line, was shocked with the part on the left side of the said car by Defendant 1.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the said rocketing car owned by the victim to the extent of a total of KRW 14,945,133, and escaped without taking measures, such as providing relief to the injured party by stopping, even though it was destroyed to the extent of a total of KRW 14,945,133.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, and statement of the circumstances of the driver who takes driving;

1. The application of the legislation of each photograph, diagnosis, and quotation.

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