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(영문) 대구지방법원 2017.02.09 2016고단5668
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 a period of 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 DSV125 MV.

On September 16, 2016, the Defendant driven the above Otoba, which was not covered by mandatory insurance under the influence of alcohol content 0.105% in blood around 00:45 on September 16, 2016, and continued to drive the above Otoba, which was 680, in compensation for the State bond in Daegu-gu, the roads front of the Gandong-gu Nursing University, in front of the Nantobaba.

At the time, there was a bicycle driven by the victim E (n, 62 years of age) and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering gear for the driver of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant got the victim's bicycle driving in front of the defendant's moving direction due to negligence while neglecting this, and let the victim go beyond the ground.

As a result, the Defendant suffered injury to the victim, such as cerebrovasin in need of medical treatment for about 12 weeks due to occupational negligence as above, and at the same time, the Defendant did not stop immediately to rescue the victim, and escaped without taking measures, such as aiding and abetting the victim, even if the Defendant destroyed the said bicycle to repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

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 escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the occupation of property after damage) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle with no mandatory insurance) concerning the compensation of motor vehicles.

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