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(영문) 대구지방법원 경주지원 2017.11.23 2017고단687

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal history] On July 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Daegu District Court racing support.

[Criminal facts]

1. Around 00:39 September 24, 2017, the Defendant was driving C QM5 car under the influence of alcohol content 0.151% in alcohol while under the influence of alcohol level 0.151% from the front side of the 225-ro, dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro to the front side of the 5-4-ro-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) by the Defendant is a person engaged in driving QM5 automobiles.

On September 24, 2017, at around 00:39, the Defendant, while under the influence of alcohol, driven the said car and driven it on the two-lane 46 of the race of the racing at the time of the racing, with the distance of 46, a four-lane off from the flow distance from the flow distance of the entrance, the Defendant proceeded at about 87 km each other at a speed, depending on two-lanes of the two-lane.

At the time of night, the view was limited at night, and there was an intersection where crosswalks were installed, so in such a case, the defendant engaged in driving a vehicle had a duty of care to reduce the speed, to take into account the right and the right and the right, to safely operate the brakes and steering gear, and to prevent the occurrence of an accident by safely operating the brakes and steering gear.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded without examining the front side while under the influence of alcohol, the Defendant received the victim D, who crossed the road to the right side from the left side of the Defendant’s running direction, into the front part of the left side of the said car.

Ultimately, even if the Defendant suffered injury, etc. between the victim’s treatment days and the victim’s unknown due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

b)a summary of the evidence;