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(영문) 대구지방법원 경주지원 2018.04.26 2018고단141
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

[criminal record] On December 18, 2008, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) in the Daegu District Court racing support, etc., and was sentenced to a suspended sentence of two years on September 12, 2016. In the same support on September 12, 2016, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (divation of alcohol)

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle B K7 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after an accident).

On November 10, 2017, the Defendant driven the said car under the influence of 0.102% of alcohol concentration in blood without obtaining a driver’s license on November 16:40, and driven the said car at the speed of 0.10% in the middle-gu Monon-ro, Nam-gu, Namdong-ro, 461, the road of three-lanes in front of the 461 Monnam Village, along the speed of the naval disease education and training on the side of the Docuk-gu.

Defendant

On the front of the driver's vehicle, the victim C(34) driver's D SP car was stopped for the signal waiting, so the driver of the vehicle had a duty of care to reduce the speed and prevent the accident by driving safely by safely considering the traffic situation on the front side and the right side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim's vehicle at the front side of the driver's vehicle after the victim's driver's driver's vehicle due to negligence without lowering the speed while neglecting it.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E (the victim E (the 59-year old) who was on board the car in the above spawn zone with approximately two weeks of injury to the spawn base, suffered from approximately two weeks of injury to the spawn base, and from approximately two weeks of injury to the same victim F (the 54-year old-old age-old treatment) for about two weeks of injury to the spawn base. At the same time, the repair cost is KRW 1,286,063.

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