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(영문) 대구지방법원 서부지원 2015.08.21 2015고단785

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:00 on February 22, 2015, the Defendant driven an E Car under the influence of alcohol with a blood alcohol concentration of 0.115% from the 2km section from the 2km section to the same Gu’s front road, which was located in the monthly distribution route in Daegu-gu, Seogu, Daegu-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (U.S.A.) provided that the Defendant driven Eknife cars at the time set forth in Paragraph 1, and led the Defendant to the front cycle road from the Doingside of the Daegu-gu Road to the Dog-ro.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately maintaining the safety distance with the motor vehicle ahead, accurately operating the steering gear and brakes, controlling the speed in advance, and safely operating the motor vehicle.

Nevertheless, the Defendant neglected to do so and took the part behind the Defendant’s left side of the vehicle of the Victim F (40 years old) drive G EXE car, which was under way in the front of the Defendant’s vehicle, and continued to proceed about about 200 meters, and received the part behind the Defendant’s vehicle of the victim H(45 years old) driving.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim F and the passenger of the above X-ray car, the victim J(W, 41 years old), K(4 years old), the victim H, the victim L(5 years old), M(13 years old), and N(13 years old), etc., for approximately two weeks of medical treatment. At the same time, the Defendant damages the above X-ray car to cover KRW 1,063,720, such as replacement of the right door to the right side, and immediately stops the above repair cost of KRW 443,13,00,000, such as replacement of the crime.