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(영문) 대구지방법원 2018.03.09 2017고단6282
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

On March 22, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Daegu District Court on March 22, 2012, and was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws at the Daegu District Court on March 25, 2016.

1. The defendant is a person who has violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) and the prohibition of driving under the influence of alcohol not less than twice.

On October 23, 2017, at around 21:10, the Defendant driven a Drocketing vehicle under the influence of alcohol level of about 0.065% while under the influence of alcohol level of about 2km from the front of the 110-ro 29, Gambacheon-dong, 310, the same from the front of the 110-day Gambadong-ro, 310 educational region.

2. The Defendant is a person who is engaged in driving a rocketing vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the violation of the Road Traffic Act (after an accident).

On October 23, 2017, the Defendant, at around 21:10, driven the above vehicle while under the influence of alcohol without obtaining a driver's license, as described in paragraph 1, was changed to a three-lane course, while driving the vehicle at a speed of about 60 km from the parallel to the intersection of the arms at a speed of about 50 km between the two-lane between the four-lanes.

At the time, other vehicles are travelling along at night and in the way that they intend to change course, so the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents in advance by changing the way safely so as not to impede the normal passage of other vehicles as well as good traffic conditions.

Nevertheless, the defendant neglected this and negligently changed his course to the right side of the defendant's vehicle E (Woo, 60 years old) driving on the right side of the defendant's vehicle.

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