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(영문) 대구지방법원 김천지원 2015.08.12 2015고단561
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) is a person engaging in driving a May Motor Vehicle;

On March 25, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.145% around 23:15, while under the influence of alcohol, and led to the back of the 205-dong Green Apartment at Kimcheon-si to the village of the Gu-U.S. located in the Sincheon-si, Kimcheon-si.

At night, it was difficult to move around the night, and there was a road immediately preceding the one-lane without delivery. Therefore, a person engaged in driving a motor vehicle has a duty of care to reduce speed and drive safely by checking the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C (the age of 44) who walked on the right side of the right side of the horse due to negligence while neglecting this, and received the victim with the right side part of the said marina car.

Ultimately, even though the Defendant suffered from an injury, such as an injury to a ductal body, etc., which requires approximately six weeks of treatment due to occupational negligence, the Defendant left the place immediately and escaped without taking measures, such as providing relief to the victim.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) continuously driven the above vehicle while under the influence of alcohol and continued to proceed bypassing it from D in front of Kimcheon-si.

Since there is a place where the center line of yellow solid lines has been installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in line.

Nevertheless, the defendant neglected his duty under the influence of alcohol and led to the opposite lane due to the negligence of driving the central line by the negligence of the driver's 44 years old-old driver's license, the fronter and fences of the left-hand driver's license of the victim E (44 years old-old driver's license).

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