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(영문) 대구지방법원 서부지원 2018.04.11 2017고단2024
특정범죄가중처벌등에관한법률위반(도주치상)
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

[criminal history] On August 23, 2017, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving).

[Criminal facts] The Defendant is a person who is engaged in driving a CAD car.

On August 6, 2017, the Defendant driven a motor vehicle with alcohol content of 0.073% in blood at around 02:20 on August 6, 2017, and made it turn to the west-gu west-gu Scattering-dong turn to the right from the west-gu Trithm.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals.

Nevertheless, under the influence of alcohol as above, Defendant D(40) took the victim D(40) in front of the left-hand side of the vehicle D(40) and had the victim go beyond the road, by neglecting the stop signal and neglecting the left-hand turn from the left-hand by negligence.

Ultimately, even though Defendant 1 suffered from a victim’s knee’s knee’s knee’s knee’s kne’s knee’s feleing, etc. due to the above occupational negligence, he immediately stopped and escaped

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Investigation report (CCTV investigation);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order related to the comprehensive crime);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment with prison labor for the crime under the relevant Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is sent to the defendant while driving under the influence of alcohol.

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