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(영문) 대구지방법원 2020.12.17 2020고단5195
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving a car in the field B;

On August 4, 2020, at around 00:20, the Defendant driven the above vehicle under the influence of alcohol of 0.108% with blood alcohol concentration of 0.108%, and led Party A to go ahead of D in Yongcheon-si C from the direction of the Corporation to the Mancheon Ecology Park.

At night, there was an intersection where no signal is installed at the front, so in such a case, there was a duty of care to prevent accidents in advance by driving along the intersection before entering the intersection in a state of under the influence of alcohol and by operating the steering gear and the steering system accurately and safely by operating the steering gear and the steering system in a safe manner.

Nevertheless, when the Defendant neglected to act under the influence of alcohol and proceeded as it is, the Defendant was driven by the victim F (M. 45 years old) who driven the intersection in the front direction of the Roman, from the New Tri-distance to E apartment, the front part of the G right side, which the Defendant driven, was the front part of the vehicle driving.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim F, such as salt, tension, etc. in need of treatment for about two weeks, and suffered injury on the victim H (Nam and 16 years of age) who was on board the vehicle driven by the victim F, in need of treatment for about two weeks, and at the same time, went away without taking necessary measures, such as providing relief to the victim F, even though the repair cost is damaged to the level of 3,19,588 won, while leaving the vehicle run by the victim F and leaving the vehicle immediately.

2. Violation of the Road Traffic Act (driving) shall be in the same time-work from the first road in Yeongdeungpo-si as stated in paragraph (1) on the date and time.

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