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(영문) 대구지방법원 경주지원 2018.09.12 2018고단5

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2004, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on June 3, 2008, a summary order of KRW 2.5 million for a fine due to the same crime in the same court. On May 26, 2009, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is a person engaged in driving a rocketing car.

On August 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.237% among blood transfusions on August 18:10, 2017, while driving the said car in the influence of alcohol, and driving the three-lane road prior to the 260 calendar distance in the Korean won at racing along the two-lane distance from the tri-type distance in the postal administration.

In this case, the driver of a motor vehicle has a duty of care to take a well-time situation of the front and right and the right and the right and the right and the right and the right and the right and the correct operation of the steering system and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant, while driving as it is while neglecting it, did not discover the E-Sa car of the victim D(W, 48 years old) who was standing in the traffic signal atmosphere from the front side of the Defendant’s running line, and received the back part of the said three-Sa car as the part of the Defendant’s driving ahead of the said car.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim D and the victim F (the age of 17) who was on board the said victim D and the said Crain on the car, respectively, for about two weeks of medical treatment. At the same time, the Defendant attempted to escape without taking necessary measures, such as aiding and abetting the damaged party, even though the repair cost, such as exchanging the back crime spread, 324,500 won, such as destroying the said Crain car and stopping the said car to the extent of the above 324,50 won.

2. On August 26, 201, the Defendant violated the Road Traffic Act (divated driving) shall warning around 18:48.