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(영문) 대구지방법원 서부지원 2016.07.15 2016고단697
특정범죄가중처벌등에관한법률위반(도주차량)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

1. On March 31, 2016, the Defendant driven Bsch Rexroth car under the influence of alcohol with approximately 0.160% alcohol concentration at approximately 3km from the 3km section to the road adjacent to the gender environmental business place located in 232, as the west-gu month in Daegu-gu, Daegu-gu. From around 19:20, the Defendant driven a 411, and as from the 232st century, as the west-gu month, in the direction of alcohol concentration at around 0.160%.

2. On March 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Measure after Accidents) (Around 19:20 on March 31, 2016, driving the said vehicle while under the influence of alcohol and driving the said vehicle on the 232-lane road along the gender letter of the 232-lane in the direction of the environmental business place, along with the three-lanes from the opposite side of the environmental business place, led to a change of the two-lane.

At night and on the two-lane, the victim C(40) was a Drocketing car driven by the victim C(40). In such a case, the driver of the vehicle had a duty of care to operate the direction, give notice of change of course, and give notice of change of course, and change of the vehicle line by taking into account the traffic situation before and after the point of time.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and changed the lane as it is, due to the negligence, received the above part of the left side of the said rocketing car, following the right side of the said rocketing car.

As a result, the Defendant, by its occupational negligence, stopped to the said C with the following: (a) the Defendant inflicted an injury on the base and tension of the horse that requires approximately 2 weeks of medical treatment; (b) the Defendant suffered an injury on the base and the tension of the pertinent rocketing car to the victim E (hereinafter referred to as the “victim E”), who is the passenger of the said rocketing car, for about 2 weeks of medical treatment; and (c) at the same time, the Defendant attempted to stop the said rocketing car, which is the victim F, without taking measures to rescue the victims, while destroying the said car to the amount of repair cost equivalent to KRW 619,928.

Summary of Evidence

1. The defendant's person;

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