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(영문) 대구지방법원 서부지원 2020.05.27 2019고단2568
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those engaged in driving service of BK5 automobiles;

On September 9, 2019, at around 02:45, the Defendant driven the said car while under the influence of alcohol of 0.186%, and proceeded along three-lanes in the direction of eerode distance from the direction of the dead voltage distance to the direction of the erode distance, according to the fluence of Daegu Seo-gu.

At all times, a number of vehicles, including DPoter freight vehicles of the victim C(38 years old) driving, are proceeding. Thus, the driver has a duty of care to thoroughly drive the vehicle before and after the passage of the vehicle and to safely drive the vehicle in compliance with the vehicle line. In the event of changing the vehicle line, there was a duty of care to change the vehicle line after checking other vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to observe the right before and after the vehicle and failed to observe the vehicle at the right side, was loaded in front of the left side of the vehicle of the driver’s Poter, and received the front side part of the driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence as above. At the same time, the Defendant: (a) destroyed the cargo vehicle of approximately KRW 99,358 to cover repair costs; and (b) escaped without immediately stopping the vehicle to take necessary measures, such as providing relief to the victim.

2. The Defendant violates the Road Traffic Act (driving) from the front of the F parking lot in Daegu-gu E while under the influence of alcohol at the time and time under the influence of 0.186% of alcohol level in the light of the above paragraph (1).

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