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(영문) 대구지방법원 서부지원 2017.11.30 2017고단1433
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

1. On May 3, 2017, the Defendant driven the said car under the influence of alcohol with approximately 0.085% alcohol concentration at approximately 4km from the front of the screen golf course in which the trade name of the Daegu Medical Center neighboring the Daegu Medical Center located in 157, Seo-gu, Daegu-gu, is unknown, to the front road of the “D” located in Daegu-gu, Seo-gu, Seoul-gu, while driving the said car under the influence of alcohol with approximately 0.085% alcohol concentration in blood.

2. On May 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) entered the four-lane road in front of the “D” in Daegu-gu, Seogu, by driving the said vehicle on May 3, 2017 and driving the said vehicle at a speed that is difficult to identify one lane from the four-lane on the other.

At night and on the fourth lane of the above road, the victim E (n, 15 years old) is driving, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear and the operation of the steering system, to accurately adjust the speed in advance, and to safely proceed with it.

Nevertheless, due to the negligence of being negligent in doing so while under the influence of alcohol, the Defendant received part of the left hand part of the above Otoba in front of the right side of the above vehicle and got the victim F (15 years old) who is the passenger of the victim E and the above Otoba, in excess of the floor, thereby causing injury to the victim E, such as a sloped, etc., which requires approximately seven weeks of medical treatment, and injury to the victim F, such as an open knee, which requires approximately two weeks of medical treatment, and at the same time, was parked in front and parked of the above Otoba.

G Costa Company's left-hand side of the passenger car conflict, and the victim F is at least 4,50,000 won at the market price.

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