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(영문) 대구지방법원 2018.12.20 2018고단5002
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 29, 2018, the Defendant, while under the influence of alcohol 06:58, the Defendant driven a CEX car with approximately 8km of about 8km at the front of the road in front of a non-exclusive restaurant near the Daegu North Korean University at the 80-gu, Daegu North Korean University, via the roads front of the central center of the 6-ro of the city in front of the same Gu, while under the influence of alcohol 0.125%.

2. The Defendant is a person who is engaged in driving a CEX car.

The Defendant driven the above vehicle at the time of the day set forth in paragraph 1, and driven the front road of 6 (Thodong-dong-dong-dong-gu) in front of the Dolllle-ro, Daegu Northern-gu, in the direction of the Dolle-do in the direction of the Dolle-do.

At that time, since there is a center line of yellow solid lines, a person engaged in driving a motor vehicle has a duty of care to reduce speed and safely proceed so that the center line should not be invaded.

Nevertheless, the Defendant neglected this and went normally in front of the left side of the driving vehicle of Defendant D(53) due to the negligence of breaking the center line, and received the part behind the driver's seat of the victim D(53) which was stopped.

Therefore, even though the defendant suffered from an injury such as saved salt, etc. which requires treatment for about two weeks due to occupational negligence, he immediately stopped and taken necessary measures as an accident driver, and escaped from the accident site without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. On-site photographs;

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

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

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 (the point of escape after the injury of occupational negligence), Article 148-2 (2) 2 of the Road Traffic Act.

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