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(영문) 대전지방법원 2017.10.24 2017고단2011

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a C-A-hurd motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent thereto), violation of the Road Traffic Act (or operation of drinking), and violation of the Road Traffic Act (driving).

On April 7, 2017, the Defendant, while under the influence of alcohol content 0.141% during blood transfusion around 00:10, the Defendant proceeded at a speed of about 80 kilometers at the speed of about 80 kilometers at the end of the 657 taxi platform in Sejong City City, the front of the 657 taxi platform in the Daejeon-si.

At the time, there were nights, and there was a road side, so in such a case, a person engaged in driving service has a duty of care to thoroughly manipulate the moving direction of other vehicles and to prevent the collision with other vehicles by accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant got off the passenger before the Defendant’s running direction and was under the influence of the Defendant’s driving of the victim D ( South, 53 years old) who was under the influence of stopping at the time, and received the back portion on the left side of the Eststy Gun in front of the Defendant’s Astring-down car.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about two weeks due to such occupational negligence, and at the same time, destroyed the above taxi to fall under the repair cost of KRW 617,88, such as the exchange of cats, and escaped without immediately stopping and taking necessary measures.

2. On May 1, 2015, the Defendant violated the Road Traffic Act, as stated in paragraph (1), and was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Daejeon District Court on May 1, 2015.

The Defendant is under the influence of alcohol content of 0.119% in blood on May 3, 2017, and 300 meters from the beer warehouse in the Daejeon Jung-gu to the front of an industrial company in the same Dong-dong.