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(영문) 대구지방법원 2013.03.28 2013고단907
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 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 B-Wood vehicle.

On December 13, 2012, the Defendant driven the said vehicle under the influence of alcohol content of 0.065% without a driver’s license on December 21, 2012, while driving the said vehicle, and made the entrance of the gold-hoon class located in the Geumcheon-gu, Geumcheon-gu, Geumcheon-si turn to the left from the direction of the Geumho-dong.

Since there is a center line installed, a person engaged in the driving of motor vehicles has a duty of care to safely drive the center so that the center line is not invaded by accurately manipulating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant neglected this and got the back portion of the driver's seat of the victim C(36 years old) driving which was driven in the opposite opposite lane due to negligence in the center line.

As a result, the Defendant suffered injury to the above victim by occupational negligence during approximately two weeks of medical treatment, and escaped without immediately stopping the car and taking any measure, such as aiding the victim, while destroying the car equivalent to KRW 1,071,816 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A written diagnosis and written estimate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 of the Road Traffic Act.

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