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(영문) 대구지방법원 서부지원 2016.10.28 2016고단1543
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On May 16, 2016, at around 06:15, the Defendant driven a DNA strawing car with a blood alcohol level of 0.14%, and tried to flee to the Agricultural Cooperatives, without taking necessary measures, such as aiding and abetting the victim’s failure to properly operate the steering gear under the influence of alcohol, due to occupational negligence, which led to the center line of the yellow yellow cell line and going to the opposite lane, while driving the road from the opposite side of the Hacheon-gun-gun, in the state of alcohol level of 0.14%, while driving the Hastren-king car, and driving the road from the opposite side of the Hacheon-gun, the Defendant escaped to the upper bank without taking necessary measures, such as aiding and abetting the victim by stopping immediately.

The Defendant, as above, was negligent in the course of business due to occupational negligence in which the steering gear was not properly operated under the influence of alcohol while leaving the left-hand turn at the front of the payment agricultural cooperative, and was faced with the part adjacent to the left-hand part of the Defendant’s vehicle driving G(32 years old) driving, which followed the center line of the yellow-ri Village Development Road in front of the Hongsan Village, and proceeded into an opposite lane, and suffered injury, such as clouds and tensions requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 3 (1), the proviso to (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution is agreed with the victim G in Article 62(1) of the Criminal Act;

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