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(영문) 대구지방법원 안동지원 2013.09.10 2013고단329
특정범죄가중처벌등에관한법률위반(도주차량)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 of a cargo vehicle B ton and Ⅲ.

On May 20, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.204% with a blood alcohol concentration of 0.204% on May 20, 2013, and driven the four-lane road in front of the transmission bath in the Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-side-side-

At the time, the signal was installed at night and at the front, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by looking well at the other vehicles' attitudes that are in progress at the signal lights and the front door.

Nevertheless, the Defendant neglected this and found it late to stop the D SP car due to the negligence of driving the D SP car(24 years old) driving on the front side, and took a sudden operation measure. However, the Defendant did not stop the vehicle but received the vehicle back to the front part of the freight vehicle operated by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the affected party C in the light salt zone requiring approximately two weeks of medical treatment, and sustained injury to the affected party E (the 58-year-old) who was on the said vehicle to the light salt zone requiring approximately two weeks of medical treatment, and at the same time, did not stop the said vehicle to the extent of damage equivalent to KRW 4,101,000 of the repair cost and escape without taking necessary measures such as providing relief to the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the provisions of Acts and subordinate statutes of the actual condition survey report, master-employed driver report, report on the actual condition of a drinking driver, each medical certificate, and written estimate;

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

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