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(영문) 대구지방법원 안동지원 2021.01.27 2020고단462

특정범죄가중처벌등에관한법률위반(도주치상)등

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[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2008, Defendant A [criminal record] received a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act (driving in drinking), etc. in the support of the Daegu District Court, Daegu District Court on August 7, 2008.

[Criminal facts]

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and violation of the Road Traffic Act (after an accident), the Defendant is a person who is engaged in driving a franchise-free car

On November 24, 2019, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.057% during blood transfusion at around 19:20 on November 24, 2019, and driving the two-lanes of the above road in the 11-lane of the Andong-dong festival head at the Anndong-dong-si festival, and driving the two-lanes of the above road in the 11-lane of the Anndong-dong festival into the southwest of Yririri-ri, the Defendant changed the course to

At the same time, the passenger car driven by the victim B(38) is driving on the one lane on the road, so in such a case, the driver of the vehicle has a duty of care to live well on the front side and the right side and the right side of the vehicle and to change the steering line safely by accurately manipulating the operation of the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line as it is and received the back portion of the above low-speed passenger vehicle in front of the left side of the vehicle driving by the Defendant.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim E, such as a dystyp, which requires the victim B-day medical treatment of approximately two weeks, suffered injury to the victim E who was accompanied by the said low-speed car, such as brain-proof, etc. requiring medical treatment for about two weeks, and at the same time, escaped without taking measures such as providing contact information to the victims or providing rescue victims, etc., even though it damages the above high-speed car amounting to approximately two thousand won.

B. The Defendant for the violation of the Road Traffic Act (drinking driving) is a car under the influence of alcohol with 0.057% alcohol level in blood at the same time and at the same place as the above paragraph (a).