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(영문) 대구지방법원 서부지원 2019.10.01 2019고단1878
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

except that 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 driving a salary class B and III cargo vehicle.

1. On June 17, 2019, the Defendant: (a) driven the foregoing cargo vehicle at around 15:35, 2019; (b) drive the said cargo vehicle while under the influence of alcohol with a blood alcohol concentration of 0.258% at the section of about 8km up to the day of the foregoing C’s instant road where he was from the roads near the Gyeongnam-gun, not from the roads near the Gyeongnam-gun, and instead from the roads near the Gyeongnam-gun, she went through the front of the mutual influence store in the face

2. Around 15:35 on June 17, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unclaimed Measures after Accidents) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), driving of the above wing-III truck under the influence of alcohol as stated in the foregoing 1.35, and driving of the above wing-III truck at the direction of the direction from the border side to the direction of the road in front of E in Dol-gun

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brakes and steering gear and effectively manipulating the steering system in order to prevent accidents.

Nevertheless, the Defendant was negligent in neglecting it while under the influence of alcohol, and was driven by the victim F, who was stopped by the signal number received during the Defendant’s front line, and was driven by the victim F, who was driven by the Defendant F, due to the left side of the G K5 car driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tensions that require treatment for about three weeks, and, at the same time, escaped without immediately stopping the said K5 vehicle and without taking necessary measures, such as providing relief to the victim, so that the amount equivalent to approximately KRW 2,378,178, such as the exchange of riers, would be equal to KRW 2,378,178.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. The actual condition of traffic accidents;

1. Notification of the results of the drinking driving control;

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