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(영문) 대구지방법원 김천지원 2017.04.18 2016고단1943
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On June 3, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3 million for the same crime from the Daegu District Court Kimcheon on November 7, 2016, respectively.

[2] Notwithstanding the fact that the Defendant, who is engaged in driving of Bone Star Car, had the aforementioned two or more times of driving under the influence of alcohol, the Defendant, without obtaining a driver’s license on October 24, 2016, and driving the said vehicle under the influence of alcohol of 0.204% during blood, led the Defendant to drive the said vehicle under the influence of alcohol of 0.204%, and drive the said vehicle under the influence of alcohol in the old city C at the seat of the company bank in the front of the D Private Institutes in the old city of America from the south-si elementary school.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering side and the steering gear.

Nevertheless, the Defendant, due to negligence in driving in the front of the week before the sobrith of alcohol, was driven by the victim E (e.g., 66 years old) who was parked in order to move to the right side of the company bank from the alley side of the D Private Institutes due to the negligence of driving in the front of the company bank, and continued to run approximately 140 meters on the right side of the Defendant’s vehicle, and was parked in the front side of the G apartment road in C.

K, which is owned by H(32) and owned by J(43) and K, Grand Star Cargo and Victim L(53) were continued to link the international cruise freight owned by H(32).

Ultimately, the Defendant suffered from an injury to the victim E, such as light fat, which requires approximately two weeks of medical treatment, due to such occupational negligence. At the same time, the Defendant’s repair cost of 1,880,525 won of the said new XD car and the cruise car amounting to KRW 2,528,339, the repair cost of the cruise car is equivalent to KRW 2,587,154. The repair cost of the Grand Star Cargo truck is KRW 317,480.

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