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(영문) 대구지방법원 2019.09.19 2019고단3578
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 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 (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles B;

On April 21, 2019, at around 03:30, the Defendant driven the said car while under the influence of alcohol of 0.159%, and led the 77 Taepyeong-ro, Taepyeong-gu, Taepyeong-ro, Taepyeong-ro, to proceed to the high-grade area of the area from the scarcity-ro.

Since there is a center line, there was a duty of care to thoroughly operate the driver in the front line and safely in the maintenance of the vehicle line.

Nevertheless, the Defendant neglected this and shocked the part of the victim C(the 63-year-old driving) driving, which was stopped for the signal atmosphere in the opposite part due to the negligence of the center line, into the front part of the left side of the vehicle of the Defendant’s car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in light of tensions that require approximately two weeks of medical treatment, and suffered injury to the victim E (the 44 years old), who is the son, such as salt, tensions, etc. in light of the trend that requires approximately two weeks of medical treatment, and escaped without taking necessary measures, such as aiding and damaging the victim F and G-sharing car to cover KRW 4,915,000 for repair costs, while leaving the victim E (the 44 years old).

2. On April 21, 2019, the Defendant driven a B-hand motor vehicle under the influence of alcohol at approximately 2.6km from the road front of the H convenience store in Daegu-gu to the International Oil Station in front of the G convenience store in Daegu-gu, the Defendant driven a B-hand motor vehicle under the influence of alcohol at a level of about 0.159% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Access to the family register-victims;

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

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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