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(영문) 대구지방법원 서부지원 2019.05.29 2018고단3326

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A 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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) and is engaged in driving automobiles by obtaining a franchise;

On November 3, 2018, the Defendant driven the above car at around 23:30, while driving it on November 3, 2018, and driving the Seog Seo-gu Busan Metropolitan City 7-ro, Seogyeong-gu, Seogyeong-gu along one-lane from the side of the Western Police Station to the monthly Neng-distance.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so in such cases, the person engaged in the driving of the motor vehicle has a duty of care to thoroughly operate the motor vehicle at the front and the motor vehicle has a duty of care to safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and caused the negligence in the course of duties of driving a median line with the center line under the influence of 0.074% of alcohol content, and caused the collision of the front part of H cab driven by the victim, G (the 58 years old) who was under the influence of the signal at the front line of the said vehicle, to the front part of the driver's seat and the side of the driver's seat of H 5-si driven by the victim E (the 67 years old) who was under the influence of the above victim, who was under the influence of the traffic signal in the front line of the said vehicle. The Defendant immediately received the front part of the driver's seat of the F 5-si driven by the victim E (the 67 years old) who was under the influence of the above victim, and then stopped the said K5-si to the rear part, and then caused the collision with the front part of the victim's G (the 58 years old) who was under the influence of the signal thereafter.

Ultimately, the Defendant suffered, due to the above occupational negligence, the victim E, a chest spel in need of approximately 5 weeks of treatment, light chronological spel in need of approximately 2 weeks of treatment to the victim G, the passenger I (35 years of age) of the taxi driven by the victim G, etc. for approximately 2 weeks of medical treatment to the victim C, and the victim C, respectively, for approximately 1,558,291 won of repair costs, such as exchange of drocketing or other taxi with the front offender, and F.