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(영문) 대구지방법원 2018.10.04 2018고단2597
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

The defendant is a person who is engaged in the operation of a motor vehicle with sod vehicle from C.

1. On May 1, 2018, the Defendant driving a motor vehicle with a approximately 6km section from May 1, 2018, in the state of under the influence of alcohol content 0.186% while under the influence of alcohol content at a level of about 0.186% at the center of the south-gu city, Nam-gu, Seoul Special Metropolitan City.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domainism) and a violation of the Road Traffic Act (after an accident) were under the influence of alcohol concentration of 0.186% during the border line under paragraph (1), the Defendant driven the said Aburging car with the alcohol concentration of 0.186%, changing the course from the two-lane to the four-lane distance room of the British Hospital in the Young-gu Southern-gu, Daegu-gu, Daegu-gu.

At the time, the victim D(59) was at night and the victim D(59) was driving on the three-lanes, so in such a case, the defendant engaged in driving a motor vehicle has a duty of care to make clear the front hour and accurately manipulate the steering and brakes so as not to impede the normal traffic of other motor vehicles, thereby changing the course so as not to impede the normal traffic of other motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of his care before the left-hand side of the said rocketing car running at the front side of the Defendant, and the rear door was received to the right-hand side of the said Astring car.

Ultimately, the Defendant’s negligence in performing the above duties, thereby causing injury to the victim D, such as cerebral straw in need of treatment for approximately two weeks, and resulting in the injury to the victim F (the 23 years old), who is the passenger of the said rocketing car, to the victim F (the 23 years old), such as salt and tension in need of treatment for about two weeks, and at the same time, damages the said rocketing car to the 1,113,946 won for repairing expenses and immediately stops to aid the victim.

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