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(영문) 대구지방법원 김천지원 2015.07.16 2015고단373
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving a CFIS car.

On January 11, 2015, at around 06:25, the Defendant driven the said EFwork 0.148% alcohol concentration, and changed the two-lane line into a two-lane line, while driving the said EFwork 1 to a three-lane road in front of the EM D in the Gu and America.

In this case, the driver of the motor vehicle has a duty of care to live well before and after the course and to operate the steering gear accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving in the same direction as the Defendant, and the part of the Victim F (27 years old) drive GM5 car, which was proceeding in the same direction as the Defendant, was left behind the left side of the above vehicle by the Defendant, and the part of the driver was set up in the front right part of the vehicle.

Ultimately, the Defendant suffered injury to salt and tensions by occupational negligence on the part of the victim, which requires approximately two weeks of treatment, and at the same time, the Defendant escaped without immediately stopping the said SM5 car and taking necessary measures, such as providing relief to the victim, even if the repair cost is damaged to the KRW 1,260,907.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the state of driver, a photograph of the accident vehicle, a report on actual condition survey, a criminal investigation report (Attachment to a road photograph from the point of the accident to the point of stopping), a criminal investigation report (the confirmation of vehicle traffic volume at the time of the accident);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. An accident under Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime.

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