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(영문) 대구지방법원 2015.08.13 2015고단2173
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 20:30 on February 8, 2015, the Defendant driven a B 3 truck with blood alcohol level of about 10km from the section of about 10km to the bus stops located in the funeral service located in the south-gu, Chungcheongnam-gun, Chungcheongnam-do. In addition, the Defendant driven a B 3 truck with blood alcohol level of about 0.18% under the influence of alcohol level.

2. The Defendant is a person engaging in driving service of salary class B and 3 freight vehicles;

On February 8, 2015, the Defendant was under the influence of alcohol level of 0.118% on blood alcohol level around 20:30, and the Defendant driving of the above cargo with the four-lane roads in Samnam-gun, Gyeongnam-gu, Gyeongnam-gu, Gyeongnam-gu, Gyeongnam-do, at the right angle of the port of the port and the port of the port of 70km at a speed of about 70km.

At the same time, the victim C (the age of 41) has been driving a motor vehicle in the same direction, and the defendant has a duty of care to safely drive the motor vehicle in a clear mind as a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected to live well on the front side and the left side of the victim, and was caused by negligence on the left side of the victim from a two-lane to a one-lane, and received the right side part of the victim.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident report;

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

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