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(영문) 대구지방법원 경주지원 2015.05.13 2015고단105
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 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 (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving of CAD vehicles;

On December 30, 2014, the Defendant driven the said car while under the influence of alcohol of 0.114% on blood alcohol level at around 21:00, and proceeded with the intersection of the shooting distance from Alcheon-dong, Ycheon-dong, Ycheon-dong, by one way among the two-lanes, the Defendant driven from the Gu Yellow-do, which is the front intersection.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service by complying with the signal.

Nevertheless, the Defendant neglected to do so and received the front right part of the victim D's low-speed car, which was driven by the front side of the above Awdidi vehicle, from the front side of the said Awdi vehicle to the right side of the said Awdi vehicle, with the negligence of entering the red signal.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks, and, at the same time, escaped without immediately stopping the above low-priced car and without taking necessary measures, so that the repair cost would be equivalent to KRW 1,471,318.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.114% of the blood alcohol level at the time and time set forth in the preceding paragraph, the Defendant driven a vehicle with a maximum of 8 km (8 km) at the front of the Defendant’s house located in the same city F in the same city via the above accident point in front of the Masan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, on the site and photographs of vehicles, an investigation report (the blood alcohol density at the time of the accident), the control department for drinking driving, an investigation report (the identity of a suspect and arrest).

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