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(영문) 전주지방법원 군산지원 2017.08.11 2017고단573
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

[criminal history] On June 7, 2007, the Defendant received a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a summary order of 2.5 million won or more as a fine in the same court on November 29, 2010.

[Criminal facts]

1. Around 22:00 on March 31, 2017, the Defendant driven B knife vehicle with alcohol content of approximately 0.144% from the section of approximately 2 km from the 22:20m to the road front of a restaurant at Asan-si, a mountain-si, Asan-si, in the same day, at around 22:20 on the day from the front of a mutually influe restaurant at Asan-si, Asan-si, the Defendant driven B knife with alcohol content of about 0.14%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving on the B Kank-knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and in violation of the Road Traffic Act (or the injury).

On March 31, 2017, around 22:10, the Defendant came to turn to the left the right from the tent to the front door of the university of the text of the vessel.

At the time, there was a night and there was a left left turn, so there was a duty of care to check whether there was a vehicle driving in the opposite direction to the driver of the vehicle, and to safely turn to the left and prevent the accident in advance.

Nevertheless, as described in paragraph 1, the Defendant neglected it while under the influence of alcohol and was negligent to turn to the left, and was driven by the victim C(28 tax) under the straight line from the opposite opposite lane, as it is, in the front part of the Category D Ra that the Defendant driven by the victim C(28 tax) in accordance with the straight line.

Ultimately, the Defendant’s perception that the above occupational negligence requires approximately two weeks of treatment to the victim.

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