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(영문) 대구지방법원 의성지원 2017.12.21 2017고단301
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 a vehicle Cwing and Class III cargo in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress

On October 11, 2017, the Defendant operated the said cargo vehicle under the influence of alcohol level of 0.061% among the blood transfusion around 14:43, while running the said cargo vehicle, and led to the flow of the steel wave intersection in 5807, as from the border area of Sung-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, Sung-do, to the Daegu-do bank.

In this case, the driver has a duty of care to safely drive the vehicle by checking whether there is a motor vehicle stopped in the front door and the left and right of the person engaged in the driving of the motor vehicle, and reducing speed in advance.

Nevertheless, the Defendant neglected to do so and proceeded with a breath while under the influence of alcohol without looking well at the breath, and found the eM3 car of the victim D(W, 39 years old) who was under the stop in accordance with the stop signals, and changed the course to the right side, but did not avoid it, and did not stop to the right side of the above vehicle, and led to a shock on the left side side of the said vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim D, such as a acute fluoral base, which requires the treatment of approximately three weeks, and sustained injury to the victim F (F, 34 years old), who is the passenger of the said vehicle, for about two weeks, such as acute fluoral base, which requires the treatment of approximately two weeks. At the same time, even though the said vehicle was damaged to a repair cost of KRW 523,00,000, the Defendant immediately stopped the vehicle and escaped without necessary measures, such as checking damage caused by the stop and reporting to the police authorities.

2. On October 11, 2017, the Defendant violated the Road Traffic Act (drinking driving) from the front day of the opening cafeteria located in the vicinity of the Sung-gun in the Seongbuk-gun of the Gyeongbuk-do around 14:40 on October 14:587 to the Seongbuk-do of the Sung-gun of the Gyeongbuk-gun of the Gyeongbuk-gun.

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