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(영문) 대전지방법원 2018.10.17 2018고단2830

특정범죄가중처벌등에관한법률위반(도주치상)등

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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. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On August 2, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.20% during blood transfusions on August 2, 2018, and proceeded with a road of the four-lane in front of the four-lane distance of the Tol Hospital in Seo-gu Daejeon, Seo-gu, Seo-gu.

At the time, there is a duty of care to safely pass through the intersection after temporarily stopping from the stop line to ascertain the passage of other vehicles, since it is an intersection where the red on-and-off signal is operated at night, and there is a duty of care to safely pass through the intersection.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the stop line under the influence of alcohol and did not stop in front of the stop line as above, and went through the intersection from the four-distance off the four-distance off of the madles, the part on the right side of the EK5-si driving by the victim D (59 ) who passed the intersection to the largest four-distance off of the four-distance off side of the Madern-si.

Ultimately, the Defendant’s negligence in the above occupational negligence inflicted injury on the Ra, such as salt, tensions, etc. in the boom that requires approximately two weeks of treatment, and the G of the written indictment for the victim F (the 25 years old) who is the passenger of the said taxi appears to be a clerical error in F.

D. At the same time, the above taxi was destroyed to have approximately KRW 2,959,482 of the repair cost, while making it difficult to repair the taxi and immediately stop to take necessary measures, such as aiding the damaged person.

2. On August 2, 2018, the Defendant violated the Road Traffic Act (driving alcohol) is under the influence of alcohol by 0.20% from the 1km section of approximately 1 km from the roads located in the Seo-gu, Seo-gu, Daejeon, Daejeon to the roads in front of the four-distance distance of a character hospital in the same Gu.