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(영문) 대구지방법원 2016.01.28 2015고단4505
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 18, 2015, the Defendant violated the Road Traffic Act (drinking) driving a cub car from the Defendant’s house located in the Gyeongbuk-gun, the alcohol content of which is 0.056% under the influence of alcohol on July 15:38, 2015 to the F, again driving a cub car at the section of about 2 km from the front of the Defendant’s house located in the Gyeongbuk-gun, the head of the Dong, via the “E” restaurant located in D of the same group to the front of the said Defendant’s house.

2. The Defendant is a person who is engaged in driving a cuss car in F in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On July 18, 2015, at around 15:38, the Defendant, while under the influence of alcohol, driven the said car and driven the front road of the E-cafeteria located in G in G in the Gyeongdong-gun of the Gyeongbuk-do along the south three-distance distance from the school name.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that drivers are engaged in driving thoroughly and safely operate the wheel line.

Nevertheless, under the influence of alcohol, the Defendant was unable to avoid a H rocketing car driven by the injured party G (70 S) who was running in the opposite direction to the Defendant’s running due to the negligence of driving a central line over the center line while neglecting this, and was in the front part of the driver’s seat of the said Cub car, and was in the front part of the driver’s seat of the said Cub car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the above victims G, such as cerebral typosis, and suffered injury to the victim I (the 57 years old), a passenger of the said rocketing car, for about two weeks of medical treatment, such as cerebral typosis, and escaped without taking necessary measures, such as aiding and damaging the said rocketing car to the degree of KRW 2,600,354, including the exchange of wheels.

Summary of Evidence

1. Each legal statement of the defendant and witness G;

1. An injury diagnosis certificate (G/I).

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