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(영문) 대구지방법원 2018.04.12 2018고단299
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a radar car.

On December 6, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.075% from blood alcohol level around 04:30 on December 6, 2017, and proceeded at about 30-40 kilometers in speed towards the intersection of the Do government from the direction of the Do government on the high-speed road for about 141 square meters.

At the time, the location is an intersection where signal lights are installed, and in such cases, all persons engaged in driving motor vehicles have the duty of care to ensure that they safely drive the signal.

Nevertheless, when the Defendant neglected to do so and by the negligence of entering an intersection as is in red signal, he was found to have been driven by the victim C(58) who entered the intersection from the four-distance radius in the East East East At the intersection to the intersection of green signal, with the victim C(58) driving.

As a result, the Defendant suffered injury, such as light oil and scopical salt, which requires treatment for about three weeks, and, at the same time, destroyed the 1,566,981 won of the repair cost, and escaped without immediately stopping the said cab and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act;

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