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(영문) 대구지방법원 서부지원 2018.09.05 2018고단552
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

1. On February 14, 2018, the Defendant was under the influence of alcohol level of 0.101% among blood transfusions on February 14, 2018, the Defendant driven the said car at the section of approximately 700 meters from the front of the Korean official restaurant located in the Daegu Seo-gu merchant Dong, Daegu Metropolitan City, to the front of the dispatching elementary school located in the same Dong-dong of the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) were committed by the Defendant, driving the said vehicle as at the time of the day set forth in the preceding paragraph, and making a left turn to the left at the intersection of the Korean four-distance distance radius from the boundary of the merchant's four-distance distance away from the boundary of the street.

At the time, it is night and its location is where the center line of yellow solid lines is installed, so a person engaged in driving of a motor vehicle has a duty of care to safely proceed with the operation of the motor vehicle by properly operating the steering gear and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear, and caused the left turn to the left by negligence over the central line of the Defendant’s driver’s vehicle driving at the left side of the victim C(51 years old)’s drive, which was under the influence of the signal waiting, and received the part on the left side of the signal waiting vehicle at the lower end of the signal waiting, and received the part on the driving of the victim E(56 years old), which was under the influence of the signal waiting at the lower end of the said vehicle.

Ultimately, the Defendant caused the victim C and the victim E to suffer injuries, such as salt tensions, tensions, etc., which require the treatment of approximately two weeks by occupational negligence as above, and at the same time, damaged the victim with the repair cost of KRW 2,351,96, which is to cover the repair cost of KRW 1,275,074.

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