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(영문) 대구지방법원 2013.12.12 2013고단5366

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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. From around 02:00 on April 30, 2013, the Defendant driven a B Trate car under the influence of alcohol content of about 0.182% at the section of approximately 3km from the road front of the new river market located in the Daegu Suwon-dong, with the same day at around 03:00 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (Non-accident) are the defendants engaged in driving service of B Tdra vehicles.

On April 30, 2013, at around 02:33, the Defendant, while under the influence of alcohol, driven the said car and driven the three-lane road in front of the modern desire station in the Daegu Sinsidong-gu, Daegu Singu, with two-lanes of speed 50km in the middle Neng-gu from the boundary of the same elementary school.

At the same time, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was well aware of the situation; (b) a person engaged in driving a motor vehicle, who secured a safe distance to avoid the accident when the said taxi stops, and (c) a person engaged in driving a motor vehicle was obliged to take a duty of care to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, found that he was negligent in driving the above taxi near the above taxi and was negligent in not operating the brake system from time to time, and took action to stop the above taxi according to the vehicle stop signal in the front. However, the Defendant did not stop, but received the back part of the above taxi with the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injuries to the victim C in need of approximately two weeks of medical treatment, and up to two weeks of medical treatment to the victim E (years 58) and the victim F (years 50) on board the said taxi.