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(영문) 전주지방법원 군산지원 2018.08.08 2018고단482

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The defendant of "2018 Highest 482" is a person engaged in the operation of B K5 cars.

1. On February 11, 2018, the Defendant violated 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.”) driven the said vehicle while under the influence of alcohol of 09:40% from blood, and changed the lane from the first lane to the second lane, the Defendant driven the said vehicle while driving the vehicle at the speed of 0.202% from the 09:40% from the blood, and driving the road front of the entrance of 1325 Won Ho-ro, the 1325 Won-ro, in the following cities: (a) was driving the vehicle at the speed of 40 to 50km from the parallel of the arm’s length.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely change the lanes by checking the situation where the movement of the motor vehicle in the way that he/she intends to enter is capable of sufficiently changing the lanes in the way that he/she intends to enter, and by checking the situation where the movement of the motor vehicle in the way that he/she intends to enter is possible, and by changing the lanes.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the left side and fences of the low-powered vehicle driven by the victim C, which was driven by the victim C, prior to the two-lanes, and the front side of the above K5 vehicle by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C (35) with tensions and tensions that need to be treated for about two weeks, and suffered injury to the victim D (36 years) who was accompanied by the victim C’s vehicle, for about two weeks, and at the same time, went away without taking necessary measures, such as providing relief to the victim D (36 years) who was accompanied by the victim C’s vehicle. At the same time, the repair cost, such as the exchange of Belgium (after, 198 won), was 628,198 won, and the repair cost was f28,198 won, and the victim D (36 years), who was accompanied by the victim C’s vehicle.

2. The Defendant violates the Road Traffic Act (drinking driving) shall be G in the same City F from the Defendant’s house in the next City E at the same time as that set forth in paragraph 1.