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(영문) 대구지방법원 포항지원 2018.11.01 2018고단629
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 the case 5 car.

1. On April 17, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.) (U.S.) driven the said vehicle under the influence of alcohol level of 0.147% during blood transfusion on April 17, 2018, and led the Defendant to turn to the right from the direction of the office of the U.S.-Eup/Myeon at the port of port from the flusium of 1188-494, Yong-gu, Yongcheon-gu, Chungcheongnam-gu, Seoul, to turn to the left.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering side and the steering system of the motor vehicle and driving it safely.

Nevertheless, due to the negligence that the Defendant was unable to accurately operate the steering gear under the influence of alcohol, the Defendant shocked the part on the left side of the victim D(42) drive E in front of the left side of the Defendant’s vehicle, which was waiting for a signal at the direction of the vehicle driving, into the front part of the Defendant’s vehicle, and the part on the upper part of the victim FF(30 years old), which was waiting for a signal at the front side of the vehicle driving direction of the Defendant’s vehicle, following the right side of the victim FF(30 years old), which was waiting for a signal at the front side of the vehicle driving direction of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, such as salt ties and tensions that require approximately two weeks of medical treatment. The Defendant destroyed the above resistant vehicles owned by the victim D to have an amount equivalent to KRW 1,208,535, such as the exchange of panions, and attempted to flee without taking necessary measures, such as making a stop and aiding the victim F to have an amount equivalent to KRW 2,576,904, such as the exchange of panions.

2. On April 17, 2018, the Defendant is under the influence of alcohol 0.147% among the blood transfusions on April 20, 2018.

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