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(영문) 대구지방법원 포항지원 2019.09.25 2019고단801
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On July 16, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Daegu District Court Port Support on the following grounds: (a) on September 5, 2016, a summary order of KRW 3 million for the same crime in the same court on September 5, 2016 and was punished for drinking driving two times or more.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bchip car.

1. On May 2, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter “Act”) driven the said car while under the influence of alcohol level of 0.098% in blood alcohol level around 07:28 on May 2, 2019, and led to two lanes in the direction of south-gu Steel at port, South-gu, and the three-lane roads in front of the new-dong shooting distance from the boundary of the steel tower to the south west.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, due to the negligence of driving the center line by neglecting it under the influence of alcohol, the Defendant received the part on the left-hand side of the victim C (the 43-year-old driver), the part on the driving of the victim E(the 41-year-old driver) driving, the part on the left-hand side of the victim G(the 54-year-old driver) driving, the part on the left-hand side of the victim G(the 54-year-old driver), and the part on the upper-hand side of the victim G(the 54-year-old driver) driving, which led the victim I (the 49-year-old driver) to drive.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim E, such as open address in the part requiring approximately two weeks of medical treatment, and around 18 days of medical treatment to the victim G.

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