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(영문) 대구지방법원 2020.08.12 2020고단2729
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 07:59 on March 7, 2020, the Defendant driven a e-crocop vehicle with a blood alcohol concentration of about 0.120% in the section of about 3km from the 3km to the roads in front of the Dobb, Daegu Metropolitan City Suwon-gu, through the road in front of the Djujug-gu, Daegu Metropolitan City, through which the name in Flug-dong cannot be known.

2. The defendant is a person engaged in driving a motor vehicle in E beer cama, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act;

On March 7, 2020, at around 07:59, the Defendant driven the said car in a state where normal driving is difficult due to alcohol of 0.120% of the blood alcohol concentration. On March 7, 2020, the Defendant driven the four-lane road in front of Daegu Metropolitan City Suwon-gu, Seoul Metropolitan City, along two-lanes from the efficzine distance to the efficzine distance, and changed the three-lane.

At the same time, the passenger car driven by the injured FF (FF, South and in the age of 29) is running on the three lanes. In such a case, there was a duty of care to safely drive the car to prevent accidents by safely operating it, such as checking whether there is a three-lane vehicle driving the front, rear, and right and right of the driver, and maintaining a sufficient distance and accurately operating the steering direction and system while maintaining a sufficient distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane into a three-lane without examining the front, rear, and right and right and the part was behind the right side of the Defendant’s car, following the left side of the said part of the motor vehicle operated by the victim who was in the last three-lane course.

Ultimately, the Defendant was driving a motor vehicle in a state where it is difficult to drive it normally due to influence of drinking.

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