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(영문) 대구지방법원 서부지원 2017.11.22 2017고단383
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

1. On December 16, 2016, the Defendant was driving CM5 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.085% from the section of 16:40 on the road in front of the Yongsan-gu, Daegu-gu, Daegu-gu, 931-1 Green Cross to the road in front of the same road.

2. The Defendant is a person who is engaged in driving service of the PM5 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after the accident).

On December 16, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.085% in blood at around 06:40 on December 16, 2016, and proceeded to turn to the left at the front elementary school at the underpass of the mountain bank of the Daegu Seo-gu, by driving the above vehicle at the level of alcohol content of 0.085%.

Since there is a signal apparatus installed, in such a case, there was a duty of care to prevent accidents by safely driving the signal with a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this, while driving under the influence of alcohol, and due to the negligence of left-hand turn in violation of the Defendant’s right-hand signal while driving at a two-way speed signal, and the part of the victim D(40) driving in front of the car in front of the Defendant’s vehicle was left-hand by the Defendant’s right-hand turn-hand turn-hand turn-on in line with the Defendant’s right-hand turn-on signals.

Ultimately, the Defendant did not immediately stop and take necessary measures such as providing relief to the injured party by destroying the damaged vehicle’s front panion, etc., thereby damaging the repair cost of KRW 1,337,191. At the same time, the Defendant suffered injuries, such as salt panions, tensions, etc. for about two weeks of treatment to the injured party D.

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