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(영문) 대구지방법원 2018.11.01 2018고단3806
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant: (a) around 03:15, 2018, as the Daegu Southern-gu Two-ro Park, Daegu-gu, the 49-do Intersection 49-do Intersection was under the influence of alcohol content 0.078% in blood, and (b) C, which was not covered by mandatory insurance, was driving a motor vehicle in the direction of the Daegu Tol Hospital in the direction of the luter-dong Do.

In order to prevent accidents, a person engaged in driving of motor vehicles has a duty of care to safely drive motor vehicles in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to make a left-hand turn due to an occupational negligence in violation of the signal, thereby causing injury to the victim D(W, 52 years old) under a e-car in the direction of the snife distance from the direction of the Daegu Tol Hospital, resulting in the victim’s e-car in need of approximately two weeks medical treatment, and at the same time, destroyed the said e-car to damage the said e-car in excess of KRW 779,598, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate and a specifications of automobile maintenance;

1. A report on investigation (verification of the image of the damaged vehicle) (the image of the damaged vehicle) and the photograph of a caps;

1. Application of Acts and subordinate statutes to a report on investigation (the attachment of damaged vehicle booms and video images and the report on the results of application);

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, Article 151 of the Road Traffic Act (the point of failing to take measures after an accident), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non- mandatory insurance vehicle);

1.Article 40 of the Criminal Code of Trade and Trade.

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