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(영문) 대구지방법원 서부지원 2019.10.17 2019고단1300
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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. The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On March 4, 2019, at around 14:08, the Defendant driven the above cargo vehicle from one lane in front of the Sung-gun, Seongbuk-gun, Kim Jong-gun, and transferred it to the first right from the south of the Kimcheon-gun.

At the time, the defendant shall not drive under the influence of alcohol, and when he overtakes, he has a duty of care to prevent accidents, such as passing in a safe way depending on the speed, course, etc. of the vehicle in front with due care, while paying due attention to the traffic in front of the opposite direction.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol level of 0.148%, and neglected to do so, caused the Defendant’s negligence in passing off the E-witter truck of the victim D(36 years of age) to the right side of the cargo vehicle of the above Defendant, and received the parts before and after the left side of the said victim’s cargo vehicle.

Accordingly, even if the Defendant damaged the 836,309 won of the repair cost, such as the exchange of the front offender due to such occupational negligence, he did not immediately stop the vehicle and check the accident, and did not take necessary measures such as informing the victim of the personal information.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) shall not drive under the influence of alcohol after causing an accident as described in Article 1(1) on March 4, 2019. Although the Defendant has a duty of care to accurately operate the steering direction and brake system in order to prevent an accident by accurately operating the steering direction and brake system, he/she has a large amount of smells in his/her body despite his/her duty of care to prevent an accident by neglecting his/her normal driving due to the influence of alcohol, such as duplicating and ruplicating, etc., and the latter part of Gpoter II freight is operated by the victim F (58 years old) who is under the influence of alcohol by neglecting it while it is difficult to drive under the influence of normal driving due to negligence.

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