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(영문) 대구지방법원 2018.04.12 2018고단323
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of the motor vehicle B in the drive of the motor vehicle in the B B Poter Ⅱ.

On December 21, 2017, the Defendant driven the above cargo vehicle at around 00:20, and proceeded along the four-lanes from the four-lane direction to the stop place in Daegu-gu, Daegu-gu, along the two-lanes. The Defendant changed the course to three-lanes.

At night and at the time, there are other vehicles in the three-lane, so that those engaged in driving service have a duty of care to drive safely without driving under the influence of alcohol, and as such, those who are engaged in driving service have a duty of care to drive safely by making good mind as to whether there is another vehicle in the course of changing.

Nevertheless, the Defendant neglected this and did not look at the course due to the negligence of changing the course while under the influence of alcohol, and did not see the FK7 car of the injured party E (30 cc) driving on three-lanes. Thus, the Defendant received the above K7 vehicle’s right side portion in front of the left side of the Defendant’s cargo vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E such as salt, tensions, etc. in need of approximately three weeks of medical treatment, and sustained injury on the finites and tensions, etc., which require approximately three weeks of medical treatment, to the victim G (30 Does) who is a passenger of K7 car. At the same time, the Defendant got damaged by the c,713,521 cost, such as the exchange of finites, etc., and escaped without taking necessary measures, such as providing relief to the victims, even if the said K7 car was damaged to the extent that it was damaged to the extent of KRW 3,713,521, as well as immediately stopping.

2. Violation of the Road Traffic Act (drinking driving) driving the vehicle B in the B-W, under the influence of alcohol content of about 0.136% from the 1km section to the front of the “Drunel” restaurant located in Daegu-gu H, Seoul-gu, the Defendant driven the vehicle B-II, while under the influence of alcohol content of about 1km from around 0.136%.

(i) the evidence;

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