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(영문) 대구지방법원 김천지원 2016.12.01 2016고단1218
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

The defendant is a person who drives a B knife car.

On July 4, 2016, at around 17:10, the Defendant, while driving the said car on the front of D in the Gumi-si, with a blood alcohol concentration of 0.121%, was driven by the Defendant, and changed the vehicle from one lane to two lanes, while driving the car along one lane from the four-lane distance from common harassment to another.

At the same time, the two-lanes of the passenger car driven by the victim E (n.e., the age of 49) is running, so in such a case, the driver of the vehicle has a duty of care to operate the direction, give notice of change of course, and give notice of change of course in the surrounding traffic situation, and to change the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the car line as is, and thereby, received the above SM3 car left side part of the Defendant’s right side part of the car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as chromosomes, tensions, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the above SM3 car and escaped without taking necessary measures, such as providing relief to the victim, even if she immediately stops, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and the accident site photograph;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

A. Desertion after occupational injury: Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) and Article 268 of the Criminal Act

(b) Measures not taken after an accident that causes damage to articles: Articles 148 and 54 (1) of the Road Traffic Act;

(c) Drinking-driving: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The Commercial Concurrent Crimes Act.

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