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(영문) 대구지방법원 2019.06.12 2019고단1489
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2007, the Defendant received each notice of a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, from the Daegu District Court Kimcheon Branch on December 30, 2008 to a fine of KRW 1.5 million, and was sentenced to a fine of KRW 3.5 million as a fine in the Daegu District Court on December 26, 2012 to a fine of KRW 3.5 million for the same crime.

1. On December 4, 2018, the Defendant was under the influence of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Act on the Aggravated Punishment, etc. of Road Traffic (U.S.A.) and the Defendant was driving a B Sti-type car with alcohol concentration of 0.157% during blood transfusion and proceeded with the road ahead of the

At all times, there is a place where the signal lights are installed to prohibit the left or left turn, so the defendant engaged in driving service of the motor vehicle has a duty of care to drive the motor vehicle according to the traffic sign in good faith.

Nevertheless, under the influence of alcohol, the defendant neglected to turn to the left without neglecting it, and brought the part of the victim C(35 years old) driver's driving in accordance with the No. D. D. driver's license under the No. D. driver's license was shocked into the front part of the left part of the Defendant's car.

As a result, the Defendant suffered injury to the victim, such as brain dust requiring treatment for about four weeks due to such occupational negligence, and at the same time, destroyed the victim’s automobile to cover approximately KRW 4,723,541, and escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the vehicle.

2. Around 22:40 on December 4, 2018, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.157% at a section of approximately 1.5km from the Do in front of the “F” restaurant located in Daegu-gu, Daegu-gu, to the roads front of the G school in Daegu-gu, Daegu-gu. G school.

Accordingly, the defendant is prohibited from driving under the influence of alcohol not less than twice.

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