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(영문) 대전지방법원 2020.09.24 2020고단1175
특정범죄가중처벌등에관한법률위반(도주치상)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

1. Around 01:10 on February 6, 2020, the Defendant driven B Poter II cargo under the influence of alcohol leveling 0.110% in the section of approximately 8km to the roads adjacent to the mountain intersection, where the Defendant was under the influence of alcohol leveling 0.110% from the 8km to the roads adjacent to the mountain intersection.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving service of freight Class II under the above paragraph (1).

At around 01:20 on February 6, 2020, the Defendant, while under the influence of alcohol as described in the above paragraph (1), driven the above cargo vehicle and proceeded along with the three lanes from among the four-lane roads in the direction of the measures to be taken in the direction of Daejeon, the Defendant driven the above cargo vehicle in front of the mountain intersection under the above paragraph (1).

At the time, it is night, and there are frequent traffic of vehicles, so in such cases, the defendant engaged in driving the motor vehicle has a duty of care to check the safety of course by driving the front bank, and to accurately manipulate the steering direction and brakes so as to prevent traffic accidents.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol level of 0.110%, and caused the victim C (the aged 44) driving the three-lane of the above three-lane road prior to the Defendant due to the negligence of neglecting the front-way city, such as the Security Department, and caused the victim C(the aged 44) to shock the back-hand part of the Dropis Corresponding the above two-lane of the freight class Ⅱ, and caused the victim E (the aged 28) driving the two-lane of the above road to shock the front-hand part of the car volume.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks of medical treatment by occupational negligence as above, at the same time.

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