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(영문) 대구지방법원 서부지원 2019.05.23 2019고단899
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a passenger car in the B SP area.

On March 3, 2019, the Defendant driven the said car while under the influence of alcohol more than 0.05% of blood alcohol concentration on 07:02, and driven it along the two-lanes in front of Daegu Seo-gu C along the direction of fugitive distance from the direction of fugitive distance.

At this point, the crosswalk is installed, and the victim D (the age of 69) was waiting for the pedestrian signal, and therefore, the driver had a duty of care to safely drive the vehicle after checking whether there is a person in the vicinity of the road, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant did not neglect it and did not go on the front side, but changed the vehicle line from the two-lane to the one where the victim was on the front side of the Defendant’s vehicle, thereby having the victim go beyond the floor.

Ultimately, the Defendant, due to the foregoing occupational negligence, committed an injury, such as cutting the frameworks of the light frame, accompanied by a non-fashion that requires treatment for the victim for about 14 weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. A violation of the Road Traffic Act (driving) driven a car from approximately 2.4 km section from the front side of Daegu Seo-gu to the front side of Daegu Jung-gu, as the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.05% on the date and time specified in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and D;

1. Police seizure records;

1. A medical certificate;

1. The actual situation survey report, an accident site photograph, a report on the main driver's situation statement, and a photograph, vehicle photograph, license register, tea, sales slip, and H.

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