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(영문) 대구지방법원 서부지원 2018.02.27 2017고단962
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 C New Engines on the ground that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On February 18, 2017, the Defendant driven the said car under the influence of alcohol level of 0.125% from blood alcohol level around 00:30 on February 18, 2017, and driven the three-lane road ahead of the “crith elementary school” located in the 2-lane 38, Seogu, Seogu, Daegu-gu, Seoul, along the two-lane distance from the side of the merchant’s four-lane.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by stopping or stopping a motor vehicle in the event of a vehicle driving on the front side by accurately reporting the traffic situation of the front side and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol level of 0.125%, and proceeded as it is without due consideration of the situation of the former bank while under the influence of alcohol leveling 0.125%, and caused the part of the victim D (64 years old) driving by the Defendant at the front line of the car operated by the Defendant at the time when the latter part of the victim D(64 years old), which was driven by the Defendant’s driver, to the front part of the vehicle of the Defendant.

As a result, the Defendant, by the above occupational negligence, sustained injury to the above victim, such as fluoral salt, which requires approximately two weeks of medical treatment, and at the same time, destroyed the above-mentioned taxi owned by the above victim so that the repair cost, such as the exchange of f45,401 won, would be damaged to damage the above-mentioned taxi, and escaped without taking necessary measures.

2. On February 18, 2017, the Defendant violated the Road Traffic Act (drinking) is under the influence of alcohol content of about 0.125% from the 3km section to the roads from the 1st century of the Daegu subway No. 1 to the roads from the above “ elementary school day”, the Defendant is under the influence of alcohol level of about 0.125% in blood.

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