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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1917
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person engaging in driving a B-learning car.

1. On July 11, 2018, the Defendant driven the said car under the influence of alcohol content of approximately 0.097% from the 1.5km road in the Bridge-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, through the road in front of the Bridge-dong, in order to ensure that the Defendant was under the influence of alcohol level of about 1.5 meters from the 1.5km section to the front road of the Bridge-gu, Seoan-gu, Seoan-gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) were driven by the said vehicle under the influence of alcohol on the date stated in the foregoing paragraph 1, and went through one-lane of the two-lane roads in front of the mutually advantageous church, following the said vehicle’s entry into the intersection of the YC and going to the direction of the BYC University.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by yielding the course to the vehicle, if there is a motor vehicle already entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and neglected to enter the said conference intersection by the victim C (Woo, 39 years old) who was driving at the said conference intersection, and owned by the victim D ( South, 37 years old) and E, which is owned by the victim D ( South, 37 years old). The Defendant was under the front part of the Defendant’s motor vehicle left ahead of the motor vehicle.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. in the light of the trend requiring approximately two weeks of medical treatment, and suffered injury on the victim D and F (W, 12 years of age), each of which requires approximately two weeks of medical treatment, and at the same time, sustained injury on the base of salt and tensions in the light of each of the two weeks of medical treatment, and taken necessary measures by immediately stopping the said A-Wurged vehicle so that the amount of KRW 1,079,582 of the repair cost is equal to KRW 1,00.

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