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(영문) 대구지방법원 서부지원 2018.03.30 2017고단1494
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 6, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving), etc. at the Daegu District Court on May 8, 2014, sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on May 8, 2014. On September 19, 2014, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Seo branch branch of the Daegu District Court on September 19, 2014.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of a vehicle BCller in violation of the Road Traffic Act (not after the accident).

On April 11, 2017, the Defendant moved along the four-lanes in front of the 1119 Safety Center in the Daegu-gu, Seogu, Daegu-gu and the 1119 Safety Center prior to death, along the two-lanes in front of the 119 Safety Center. The Defendant changed the lane to the two-lanes from the direction of the shot and the shot(s).

In such cases, the driver has a duty of care to inform the person engaged in driving of the direction, etc. in advance, to change the direction, etc., and to make the traffic situation at the right and the right and the right and right well and change the lane.

Nevertheless, the Defendant was negligent in changing the lane due to neglecting the duty of the week prior to and after the above, and the part on the left side of the victim C driver's DNA observer's car, which was driven by the three-lane in the same direction, was received as the front side of the car.

Accordingly, even though the Defendant’s negligence on the part of the above occupational negligence damaged the pertinent observer car amounting to approximately KRW 1,014,638, the Defendant did not immediately stop and take measures such as aiding the damaged person.

2. Although Defendant 1 had been punished for drinking on at least two occasions as above, Defendant 2 was under the influence of alcohol, the alcohol level of approximately 0.054% in blood alcohol level is from the 1km section of approximately 1km to the front side of the Ucheon-gu, Seocheon-gu, Daegu-gu, Seocheon-gu, Incheon-do, around June 3, 2017 to the Hancheon-gu, Seocheon-gu, Seocheon-gu, Daegu-gu.

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