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(영문) 대구지방법원 2017.02.16 2016고단5639
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 C private cars.

On October 4, 2016, the Defendant driven the said car under the influence of alcohol level of 0.122% from blood alcohol level around 22:35, and continued to drive the said car on the front of the road north of the Gyeongbuk-gu North Korean University located in the mountain-dong in Daegu-gu, Daegu.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance and safely drive the driver of the motor vehicle by accurately operating the steering system and steering gear.

Nevertheless, the Defendant neglected this and found the victim D(44) E-si which was temporarily stopped at the front of the Defendant’s driving direction, and received the front part of the Defendant’s driving car from the front part of the Defendant’s driving car. Following the above taxi, the Defendant received the back part of the victim F(71) G-si’s driving which was temporarily stopped at the front of the taxi driving direction, and received the back part of the victim’s H(54 years old), which was temporarily stopped at the front of the Defendant’s driving direction. The Defendant received the front part of the victim H(54 years old), which was temporarily stopped at the front of the Defendant’s driving vehicle.

As a result, the Defendant: (a) by negligence on the part of the above business, inflicted an injury on the said victim D, such as light float, etc. in which the number of days of treatment cannot be known; (b) injury such as light float, tension, etc. to the said victim F; (c) inflicted an injury on the said victim H, such as light float, tension, etc. in which treatment for about two weeks is required; and (d) at the same time, the said victim H suffered an injury such as light float, tension, etc. in need of treatment for about one week; and (e) at the same time, 2,88,587 costs of repairing the said victim D-powered taxi; and (e) the said victim float was 81,941 costs of repairing the said taxi; and (e) did not stop the said taxi so as to relieve the victims.

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