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(영문) 대구지방법원 서부지원 2014.07.25 2014고단752

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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 21, 2014, the Defendant, at around 19:10, driven a B-blade car under the influence of alcohol content of about 0.230% in a section of about 1 kilometer from the day front of a mutually inward restaurant located in the merchants' Dong in Daegu-gu, Seo-gu to the front road in the Daegu-gu, Seo-gu, Incheon-gu, and the front road.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a B blade and thus shall not operate the said vehicle on the road which is not covered by mandatory insurance.

Nevertheless, the Defendant, as described in Paragraph 1, was driving the blades No. 1, which was not covered by mandatory insurance.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a B blade car.

On May 21, 2014, while under the influence of alcohol 0.230% on blood alcohol level around 19:10 on May 21, 201, the Defendant driving the said blades car, and driving the front road of the Lone Star oil station in the Daegu-gu merchants' Dong on the front cycle road of the Daegu-gu, along the two-lane road along the merchant south four-lanes.

The course has changed to a two-lane.

In this case, the driver has a duty of care to drive a clean mind at all times, to know the change of course by direction, etc. in advance, to well look at the front, rear and left, and right and right, and to prevent the occurrence of an accident by accurately operating the steering gear, steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the course from one lane to two lanes, was negligent in changing the course from one lane to two lanes in the same direction, and received the part of the pentel in front of the left side of the Da SM5-si, which was proceeding along two lanes in the same direction, as the front side of the Defendant’s car.

Ultimately, the Defendant is a passenger of the above SM5 taxi due to the foregoing occupational negligence.