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(영문) 대구지방법원 의성지원 2016.09.29 2016고단108
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 A.F. 50cc motor bicycle.

On May 15, 2016, the Defendant, while under the influence of alcohol leveling 0.055% among the blood transfusions around 20:50 on May 15, 2016, driven the direction of the E-way in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-do, at a e-mail speed from the direction on which the e-way would run at the right speed.

At the time, since it is a night and a narrow road located therein, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle, etc. in a drunken state, and has a duty of care to prevent accidents by accurately operating the steering system and accurately operating the steering system.

Nevertheless, due to the negligence of not neglecting this and proceeding while under the influence of alcohol, the part of the victim F(F, 75 years old) driving in front of the defendant's running direction, which was driven ahead of the defendant's running direction, was received as the motor device front wheels part of the bicycle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the mouths at the bottom of the aggregate in need of approximately eight weeks medical treatment, and escaped without taking necessary measures, such as aiding and abetting the damaged person, even though the Defendant destroyed the three-wheeled bicycle equivalent to KRW 300,000 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the occurrence of a traffic accident, an inquiry of the results of crackdown on drinking driving, and a statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after causing damage to goods), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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