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(영문) 대구지방법원 김천지원 2018.08.21 2018고단585
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On May 19, 2018, the Defendant: (a) driven a B-hand car under the influence of alcohol concentration of about 2 km from the parking lot of the KatoTol convalescent hospital located in the Gu, Si, Si, Gu, Si, Gu to the front distance of the treatment apartment located in the Gu, Si, Gu, Si, Gu, Si, and Gu; (b) on May 19, 2018, the Defendant driven a B-hand car under the influence of alcohol concentration of about 0.15%.

2. The Defendant is a person who is engaged in driving a motor vehicle with a low price specified in paragraph (1) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the price offered) and the violation of the Road Traffic Act (or the price offered after an accident).

On May 19, 2018, the Defendant driven a low-speed car as stated in paragraph 1, around 22:55, and continued to drive a two-lane road in the Gu, Nowon-do, Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is located in 206, on the Gu, Nowon-do, Seoul Special Metropolitan City.

At all times, a person engaged in driving of a motor vehicle with signal lights has a duty of care to prevent accidents by emphasizing the front side and accurately manipulating the steering and steering devices.

Nevertheless, the Defendant, as described in paragraph 1, has been driven by a victim C (29 years old) who was waiting in the front bank due to occupational negligence while neglecting the front bank in the influence of alcohol.

D Hastren's next to the string driver's vehicle, shocked into the low string vehicle as set forth in paragraph 1, resulting in an injury to the victim, such as salt, tensions, etc. in need of approximately two weeks medical treatment, and at the same time, the damaged vehicle was damaged to their repair cost of KRW 1,819,596 and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on the actual condition of a traffic accident;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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