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(영문) 대구지방법원 2016.10.13 2016고단1931
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The accused is the Director of the Korean Medical Center, who is engaged in driving of the D Ecuapsing Vehicle as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, and the Road Traffic Act;

At around 00:20 on March 12, 2016, the Defendant, while under the influence of alcohol of 0.110% of blood alcohol concentration, driven the said vehicle, and proceeded the two-lanes from the right side of the upper direction of the 7th parallel distance from the upper direction of the 7th parallel distance to the upper direction of the 6th parallel distance.

In such cases, a person engaged in driving service has a duty of care to safely proceed by accurately operating the steering and steering gear.

Nevertheless, due to the negligence of neglecting this, the Defendant committed a part of the Defendant’s front-hander part of the Defendant’s vehicle, which was sent ahead of the same direction, with the driver’s front-hand part of the Defendant’s vehicle E (V, 51 years old) driving.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as cerebrovasin in need of medical treatment for about three weeks, and at the same time, destroyed the above damaged vehicle’s property, such as replacement of spawres, which requires an amount equivalent to KRW 1,111,88, and escaped without immediately stopping and taking measures, such as aiding the victim.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents caused a traffic accident such as the above paragraph (1) at the same time and place, and subsequently driving the said vehicle at the same time and at the same time and place as the above paragraph (1), led the 469-4 commercial street at the same speed from the right side of the west-gu Suwon-dong, Daegu to the right speed from the right side of the west-dong.

Since there is a signal, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, the defendant is negligent in doing so.

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