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(영문) 대구지방법원 2014.09.04 2014고단3810
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 05:00 on June 12, 2014, the Defendant used B 3km cargo vehicles at the front of the Daegu Lone Star-gu road located in Daegu-gu, while under the influence of alcohol at a level of 0.123% of blood alcohol concentration.

2. Despite the fact that the Defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated approximately 3 km of the freight truck, which is not covered by mandatory insurance at the date and place specified in paragraph (1).

3. A person who is engaged in driving of the foregoing Poter cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

The defendant, as stated in paragraph (1), driven the above cargo vehicle while under the influence of alcohol as stated in paragraph (1), and proceeded at 60 km in the direction of a wooden market on the front side of the licensed real estate agent, in the direction of a waterside.

There are three-distance crossings where traffic is not controlled, and since the victim C(the age of 61) who was trying to turn to the left at the above intersection was found a DNA car driven by the victim C(the age of 61) who was trying to turn to the left at the above intersection, there was a duty of care to reduce the speed and drive the driver safely by taking into account his attitude.

Nevertheless, under the influence of alcohol, the defendant neglected to turn to the left as above and went to the right side of the victim's driving who was leaving the above intersection as it is, the defendant got the back part of the driver's driver's vehicle on the right side of the freight of the defendant's driving, and due to the shock, he got the victim's car to turn to the right side and set up on the right side of the road.

Ultimately, the Defendant’s negligence on the part of the above business is weak to the victim.

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