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(영문) 대구지방법원 2019.03.07 2019고단205
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 is engaged in driving a Grandroth.

On December 29, 2018, at around 18:40, the Defendant driven the above mix with alcohol content of 0.086%, while under the influence of alcohol, and led the front road of the “D pharmacy” located in Daegu North-gu C, Daegu, to the lurging ground of the lurgical slope from the lurgical slope.

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and changed the two lanes from one lane to two lanes, and the victim E (the 36-year old) who was stopping in accordance with the new subparagraph was driven by the victim E (the 36-year old) in the two lanes, and received the back part of the Franchis car as the front part of the above passenger car.

As a result, the Defendant, through occupational negligence, sustained injury to the victim, such as 's salt ties and tension' in need of approximately two weeks of medical treatment, and at the same time, the Defendant escaped without immediately stopping the car to the extent that the repair cost, such as the exchange of panions, was damaged to the extent that the 943,908 won was damaged, and the Defendant escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A circumstantial statement of a drinking driver;

1. The photograph of a motor vehicle;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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