logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.07.20 2017고단33
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a Cbee or a car.

On December 12, 2016, the Defendant driven the said car under the influence of alcohol content of 0.080% during blood transfusions on December 21, 2016, and came to turn to the left at the left while crossing the front road D from the 1st road on the road.

At the time, there is a night and a place where left turn is prohibited due to the center line of the yellow-ray, and on the left side of the defendant, the G SM5 passenger cars driving by the victim F(33 ) is proceeding from the Do-dong side to the terminal, and thus, there was a duty of care to safely drive the vehicle without crossing the road or left turn.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding under the influence of alcohol, and received even the front door and fences in front of the right side of the SM5 vehicle, as the front part of the SM5 vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer bodily injury, such as a trend, tension, and tension in need of approximately two weeks of medical treatment. Although the Defendant destroyed the MF5 vehicle to take KRW 2,407,776 of repair costs, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes (F);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after an injury or injury to each duty), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

arrow