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(영문) 대구지방법원 서부지원 2017.04.20 2017고단100
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 low-priced car.

On December 20, 2016, the Defendant driven the said car under the influence of alcohol content of 0.108% among blood transfusion around 03:00, and made the said car turn to the left at about 40-50 km per hour from the front four-lane of the Daegu Seo-gu Seoul Metropolitan Government to the front four-lane of the four-lane road in front of the Daegu Seo-gu, the four-lane away from the front four-distance flood.

Since there is a blind-distance intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to a person engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and by negligence caused the Defendant to turn to the left from the left side of the right side of the port side of the three-day hospital located in the direction of the Defendant’s proceeding to the left side of the two-way distance pursuant to the signals, and received the part of the Defendant’s driver’s vehicle ahead of the right side of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the injured party, even though the Defendant destroyed the rocketing taxi owned by the victim’s atmosphere traffic (state), thereby destroying the strawet that is equivalent to KRW 1,096,841.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the prosecution or the police interrogation of the accused;

1. Statement made by the police against D;

1. A written diagnosis and written estimate for repair;

1. A report on the occurrence of a traffic accident, drug map on the scene of the accident, disaster mergion, actual condition survey report, and on the scene of the accident;

1. Report on the circumstances of a driver making a driving, notification of the results of regulating the driving of drinking, inquiry into the results of crackdown on the driving of drinking, investigation report, and application of the Acts and subordinate statutes governing black cinematographic images;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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