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(영문) 대구지방법원 2012.12.26 2012고합1270

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On September 16, 2012, the Defendant, while under the influence of alcohol of 01:05, driven the said car at a section of approximately 3 km away from the Do adjacent to the Do adjacent to the Sincheon-dong located in the Sincheon-dong, Daegu-do, Daegu-do, through the same distance from the Do adjacent to the Doncheon-dong located in the same Sincheon-dong, the Defendant again driven the said car at a section of approximately 3 km away from the Doncheon-dong located in the same Sincheon-dong.

2.(a)

Around 01:15 on September 16, 2012, the Defendant: (a) driven the said rocketing car with the front line of the said rocketing car in the Daegu East-gu along the intersection from the gale-distance to the 3rd line from the gale-distance distance; (b) was stopped by the cross-road stop signal; (c) in such a case, a person engaged in driving a motor vehicle had a duty of care to accurately operate the brake system and prevent accidents from occurring; (d) the Defendant was negligent in performing the operation of the Erocketing project, which is driven by the victim D (53 years old) under the direction of the Defendant’s failure, and escaped to the front part of the said rocketing car, which the Defendant driven; and (e) the said victim was 500 meters away from the front part of the said rocketing car; and (e) the Defendant was able to take the front part of the said rocketing car in front of the said new car in front of the said new car in front of the said new car.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping a rocketing car to the extent that the repair cost, such as the exchange of pans, would be 950,536 won, to the victim D due to the above occupational negligence, and the Defendant did not immediately stop to the extent that the repair cost is 950,536 won, such as the exchange of pans, etc.