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(영문) 대구지방법원 서부지원 2015.10.08 2015고단1122
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving a CP car.

1. On May 5, 2015, the Defendant was under the influence of alcohol at around 17:18 on a level of 0.059% of blood alcohol level, and the Defendant driven the said car at the section of approximately 23 km in front of the top of the arms-pock in the Chang-gu, Daegu-gun, the Chang-gu, Singu, to the front of the “Ecafeteria” located in D in the same city, Seo-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (Non-accidenting Measures) have run approximately 30 to 40 kilometers in speed on the front side of the “E cafeteria” in the five-lane radius from the two-lane distance from the two-lane distance off the two-lane distance.

At the time, since the vehicle was fixed due to the increase of traffic volume, the driver engaged in driving service has a duty of care to live well on the left and right, and to maintain a sufficient safety distance with the front vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was found to have been negligent in driving the Defendant’s vehicle prior to the Defendant’s passenger vehicle by negligence, and found that the Victim F (M5) drive GM5 (the age of 42) was stopped by the Defendant’s vehicle under the new subparagraph, and operated the vehicle rapidly. However, the Defendant did not reach this, and received the part of the Victim’s vehicle back part of the Defendant’s passenger vehicle.

The Defendant, by its occupational negligence, sustained bodily injury, such as cerebrovascular, which requires treatment for about two weeks to the above victim F and the persons on board the damaged vehicle H (n, 45 years old), I (n, 12 years old), and J (n, 12 years old). At the same time, the Defendant did not immediately stop the damaged vehicle to the extent that it damages the amount equivalent to KRW 2,623,530 for repair cost, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of the drinking driving control;

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