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(영문) 대구지방법원 서부지원 2019.05.21 2018고단2028
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) shall drive a motor vehicle with the franchise.

On May 30, 2018, the Defendant entered the front road, which is a restaurant located in Daegu-gu D, Daegu-gu, bypassing from the F store to G from the F store, followed the said G, which is five-lanes of way, along the direction of the new Ne-distance from the Senen Distance to the new Ne-distance.

A driver of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and when he/she changes a lane, he/she has a duty of care to inform the driver of the lane in advance and to prevent accidents in advance, in cases where there is a vehicle that proceeds from the change by accurately manipulating the steering direction, brake system, etc. in the situation of traffic of the lane to be changed, and the driver has a duty of care to safely change the lane and prevent accidents.

Nevertheless, the Defendant neglected this and driven while under the influence of alcohol level 0.080%, and changed the course from the fourth to the third-lane, and led to the Defendant’s negligence by changing the three-lane to the original lane without well examining the situation of the third-lane, and led to the Defendant’s negligence, the part on the right side side of the victim HH driving, which was proceeding on the left side of the Defendant’s vehicle according to the third-lane, was shocked into the front left side part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim H, such as salt, tensions, etc. in need of treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant did not stop immediately to order the victim JJ-based car to take necessary measures, such as aiding and abetting the victim, even though it damages the 1,758,88 won of the repair cost, such as the exchange of a stringer, etc.

B. On May 30, 2018, the Defendant violated the Road Traffic Act (driving) around 23:25, around 500 meters from the front day of the Lane located in Daegu-gu, Daegu-gu to the front day of the Nstore located in the said M.

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