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(영문) 대구지방법원 2017.09.14 2016고단5757
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 CEX car.

On October 9, 2016, the Defendant driven the said car under the influence of alcohol level of 0.094% from blood level around 02:44 on Oct. 9, 2016, and led to a point of 149 km on the upper line of the Gyeongbuk-gun, Gyeongbuk-gun, Gyeongcheon-do, Gyeong-do, Busan, to the Seoul Seaside.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system with a person engaged in driving service.

Nevertheless, the Defendant neglected this and was negligent in driving while driving a stroke in the influence of alcohol, and the victim D (25 years old) E driving in front of the Defendant’s running direction, and received the backer on the left-hand side of the vehicle in the direction of the Defendant’s driving car from the front-hand part of the Defendant’s driving car.

Defendant at the same time, due to the above occupational negligence, suffered injury to the victim’s base base and tension for a dog that requires approximately two weeks of medical treatment, and at the same time, even though the victim’s driving car was damaged to be 819,806 won, such as the exchange of the victim’s driving car, the Defendant left the vehicle and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements related to D traffic accidents;

1. The circumstantial statement report of the driver of a driving school, inquiry of the results of crackdown on drinking driving, and report on internal investigation (the application of the aforementioned dic formula);

1. A medical certificate;

1. Application of the written estimate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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