(영문) 대구지방법원 2016.09.29 2016고단3482

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(영문) 대구지방법원 2016.09.29 2016고단3482

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

Reasons

Punishment of the crime

[criminal history] On July 29, 2010, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of two million won due to a violation of road traffic laws at the Daegu District Court (Drink) and a fine of five million won due to a violation of road traffic laws at the Daegu District Court on April 22, 2016.

[Criminal facts]

1. On May 27, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (D convenience stores located in the Nam-gu Daegu-gu, Daegu-gu, the Defendant driven a Einnife car with approximately 1km alcohol concentration of about 0.147% from the section of about 1km to the front of the D convenience stores located in Daegu-gu, the Nam-gu, Seoul-gu, while under the influence of alcohol level of about 0.5%.

2. The Defendant is a person who is engaged in driving a gift car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (or after an accident).

On May 27, 2016, the Defendant driven the said car on the front of G in Daegu-gu, Daegu-gu, Seoul-gu, and continued to drive the said car at a non-speed speed depending on six lanes from the four-lane off to the four-lane off of the new four-lane off.

At that time, the victim H(47) driver who stops in the signal signal atmosphere in the front door, and therefore, the driver had a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to proceed with the safe speed and method by accurately manipulating the operation.

Nevertheless, the Defendant was negligent in neglecting his duty under the influence of liquor without a license as set forth in the above paragraph (1) and did not avoid the kickboard which was parked in the front, and the Defendant received the back part of the kickboard as the front part of the car driven by the Defendant.

After all, the defendant is responsible for the above occupational negligence for the victim about 8 weeks of treatment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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