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(영문) 대구지방법원 김천지원 2020.05.21 2020고단121
특정범죄가중처벌등에관한법률위반(도주치상)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) and the Road Traffic Act (Aggravated Punishment, etc.) are those who are engaged in driving car in the Ireland.

On November 22, 2019, the defendant driven the above 01:40 on the 01:0 on the 01:0 on the 01.1.2., and led to the driving distance in front of the Djuri station in Kimcheon-si C from the intersection distance to the direct school building distance.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by proceeding in accordance with the signals and signals without driving alcohol.

Nevertheless, the Defendant, while under the influence of alcohol content 0.160%, proceeded as it is without disregarding the red signal at the front direction of the moving direction, and received the left-hand side of the vehicle of the Fro-ro driven by the victim E (24 years old) who is driving in accordance with the new subparagraph from the right-hand side of the Defendant’s moving direction.

As a result, the Defendant suffered injury, such as catum salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant did not immediately stop a car to the extent that it damages KRW 3,725,000 for repair cost and runs away as well without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving the said temporary Kimcheon-si G while under the influence of alcohol of approximately 2 km alcohol concentration of about 0.160% from the 2km section to the said accident site via Kimcheon-si G, Kimcheon-si G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a site photograph of an accident, a de facto yellow survey report, and CCTV-cap photographs;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of the Acts and subordinate statutes of a medical certificate and a certificate of acceptance of automobile-scrapping;

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