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(영문) 대구지방법원 서부지원 2013.08.27 2013고단590
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on May 30, 2007, and sentenced to a fine of 4 million won for the same crime, etc. at the Seo branch of the Daegu District Court on May 30, 2007, and sentenced to a fine of 1.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on July 25, 2007. On August 8, 2007, the Defendant was sentenced to a fine of 1 million won for the same crime from the Seo branch of the Daegu District Court on April 9, 201, and was sentenced to a suspended sentence of 2 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on August 11, 201.

Criminal facts

The Defendant is a person engaging in driving a Bran XG car.

1. On April 6, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) had a four-lane road in front of the EL electronic service, which is located in the Taegu Seo-gu, Daegu-gu, by driving a luxxG car with the blood alcohol concentration of 0.143% under the influence of alcohol without obtaining a driver's license on April 6, 2013, and led the Defendant to drive the lux XG car along the two-lane road in front of the el electronic service.

At the time of night and there are other vehicles passing through there, so in such a case, when a person engaged in driving a motor vehicle follows another motor vehicle behind the motor vehicle traveling in the same direction, there was a duty of care to secure a necessary distance to avoid the collision with the motor vehicle traveling ahead of it in the event that the motor vehicle traveling ahead of it stops suddenly.

Nevertheless, the defendant's negligence due to negligence in the influence of alcohol, found the flive passenger car driven by the victim C (the age of 66) who was driven in the same direction, and operated it later, but did not avoid it, and the defendant was driving a vehicle in front of the driver's car.

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