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(영문) 대구지방법원 김천지원 2018.04.18 2017고단1807
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives B rocketing cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) and the Road Traffic Act (after an accident).

On October 27, 2017, the Defendant driven the said car under the influence of alcohol level of 0.155% among the blood transfusion around 06:20 on October 27, 2017, and driven the road front of the road in Gumi-si C in the Gumi-si.

Since there is a place where the center line of yellow solid lines is marked, in such a case, the driver of the motor vehicle has a duty of care to keep the vehicle in good faith and accurately operate the steering and brakes so that the driver has a duty of care to safely drive the motor vehicle without exceeding the center line.

However, the Defendant neglected to do so and proceeded with the central line in the course of occupational negligence, and at the same time, he was in contact with the other party.

The left part of the F(51) G-W-W-W-320D driving of the victim H(27 years old) who continued to drive the F(51) G-W-W-W-W-320D driving by the Defendant’s driving on the left part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim H, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as providing repair cost to the said 320D car, while destroying the said 320D car, and immediately stopping the 14,664,738 won.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said B rocketing car under the influence of alcohol leveling 0.15% from the 1km section from the roads front of the K-ju shop located in the Si/Gu-Si of Si/Gu-Si of Gu-si to the studio of the same city at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual survey report and photographs;

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