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(영문) 대구지방법원 서부지원 2017.12.15 2017고단719

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 November 12, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Daegu District Court (dacting driving) and a fine of KRW 4.5 million for a crime of violating road traffic laws at the Daejeon District Court on June 11, 2015, respectively.

[Criminal facts] The Defendant is a person who is engaged in driving multi-user vehicles B.

1. Although Defendant 1 had been punished for drinking twice or more as above, Defendant 2 driven the said vehicle under the influence of alcohol 0.146% from the 5km section of approximately 5km to the 203-ro 26-1 blue-do Cheongdok-do Cheongdo-ro, Daegu, Seo-gu, on January 25, 2017, at around 02:05, Defendant 2 driven the said vehicle while under the influence of alcohol 0.146% from the 5km section of alcohol level to the 5km-do Cheongdo-do Cheongdo-ro, Daegu, Seo-gu.

2. Around 02:05 on January 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Defendant changed the lane to a three-lane road of the 1021-lane or the 6-lane road in front of the Daegu Metropolitan City, as the Seogu, Seogu, Daegu, Daegu, into a new four-lane road, from a new four-lane bank.

In this case, the driver has a duty of care to inform the person engaged in driving service of the direction, etc. in advance, to take into account the traffic conditions before and after the direction, and to change the lanes.

Nevertheless, the Defendant, as described in paragraph 1, has been driving by the victim C who is proceeding four lanes in the same direction due to the negligence of changing the lane in a drunken state, as described in paragraph 1.

D) The left side part of the string-hand side of the car was received in front of the right side of the string-out vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim in light of the fluoral base, which requires approximately two weeks of medical treatment, and at the same time, damaged the fluoral vehicle in light of approximately KRW 888,391, and stopped immediately, thereby making the victim stop.