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(영문) 대구지방법원 2013.09.05 2013고단4324
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On February 3, 2008, the Defendant received a summary order of 1.5 million won from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on June 7, 2010, a summary order of 2.5 million won from the Daegu District Court to a fine for a violation of the Road Traffic Act.

Criminal facts

1. The defendant is a person who has driven a motor vehicle under the influence of alcohol not less than twice;

On June 29, 2013, at around 21:45, the Defendant driven a DNA strawing car with a blood alcohol content of at least 0.183% under the influence of alcohol from around 4km to around 22:07 on the same day from the front day of the restaurant in the Eup/Myeon-dong, Daegu Northern-dong, Daegu-gu, and at around 22:07, the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a rocketing car.

On June 29, 2013, the Defendant driven the above car on June 21, 2013, and operated it in front of the entrance restaurant located in the Eup/Myeon/Dong in Daegu-gu, by leading it to the name of the Dong.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right of the way in operating the motor vehicle, and to accurately operate the steering and brakes.

Nevertheless, the Defendant, as described in Paragraph 1, neglected to do so and stopped to the right-hand side of the Defendant’s vehicle in the course of the Defendant’s vehicle, was shocked by the victim E (the age of 53) who temporarily stopped on the right-hand side of the Defendant’s vehicle, and the front side and rear side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim for about 20 days in light of the foregoing occupational negligence, and at the same time, damaged the repair cost of KRW 3,551,050, such as the exchange of front-handers.

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