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(영문) 대구지방법원 서부지원 2016.05.20 2015고단2012
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

On September 3, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1 million for a fine of KRW 1.5 million for the same crime in the same court on February 15, 2008, and a summary order of KRW 2 million for the same crime in the same court on December 15, 201, respectively.

1. On November 3, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), without obtaining a driver’s license in the section of approximately 2 km from the front side of the south-gu 19-ro 91-lane to the front side of the Non-Power Center located in the same 229-ro 229-ro, along with the Daegu-gu Seo-gu month, on November 3, 2015, while under the influence of alcohol concentration of 0.163%, even though he/she had been punished for driving two times or more of alcohol, he/she was under the influence of alcohol concentration of 0.163%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) driving a motor vehicle with a alcohol concentration of 0.163% in blood while under the influence of alcohol by driving a motor vehicle with a blood alcohol concentration of 0.163% at the time indicated in the preceding paragraph, and moving five lanes in front of Daegu Seogu Seo-gu D from the gressing side to the emulging side of a gender four-lane, leading to a change of the lane into one lane at a speed of about 30km per hour.

In such cases, when the driver of a motor vehicle changes the vehicle line, he/she has a duty of care to operate the direction direction when he/she changes the vehicle line and give prior notice of the change of course and to change the lane by considering the traffic conditions before and after the change.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane as it is without verifying the left-hand side, and was driven by the injured party E (48 tax) running along the two-lanes by the Defendant, following the left-hand side part of the Frando XG car driving by the Defendant.

The defendant is a victim E due to the above occupational negligence for about two weeks.

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