logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.08.20 2018고단1901
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 a person who is engaged in driving a wing and cargo vehicle B.

On April 20, 2018, at around 01:00, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.065% with a blood alcohol concentration of 0.065%, and driven the three-lane road in front of the Liri Children Park in the Seo-gu Seo-dong, Seogu, Daegu along the two-lane road from the ri Children's Park, the front side of the Liri Children's Park, the month from the Myeonri Public Security Center to the west

In such cases, a person engaged in driving service has a duty of care to safely drive a vehicle without the inbreath of alcohol by properly operating the steering gear and changing the traffic situation of the vehicle.

Nevertheless, the Defendant neglected to do so and did not look at the traffic situation of the vehicle in which he is under the influence of alcohol and instead changed the lane of the said vehicle, and went through the right side of the said vehicle in the same direction by being driven by the victim C(the age of 47) who was driving along the same lane. The Defendant got the victim E(the age of 28) boarding the above victim and the above victim E(the age of 28) boarding the above taxi and the victim FF(the age of 28) boarding the above taxi at the lower seat of the above taxi, and went away without taking necessary measures, such as destroying the above taxi to repair cost of KRW 2,045,678, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A written statement of F and E;

1. A report on investigation (as against a person who arrests an abandoned vehicle);

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the results of the drinking driving control, report on the state of drinking drivers, and inquiry into the results of the drinking driving control;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes to cut booms and video images;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.

arrow