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(영문) 대구지방법원포항지원 2020.10.21 2020고단680
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A person who is engaged in driving of freight cars B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unsever after accidents);

At around 18:50 on January 15, 2020, the Defendant driven the above Liber in the state of blood alcohol concentration of 0.109%, and proceeded ahead of the speed of 30km at a speed of about 30km from C to the network, the Defendant driven ahead of the speed of yellow solid lines at a speed of about 30km, depending on one lane between two lanes.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so in any case, a person engaged in driving a motor vehicle has a duty of care not only to drive the motor vehicle under the influence of alcohol, but also to drive the motor vehicle in a thorough manner, and to safely operate the motor vehicle with the duty of care.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the reverse line with the median line installed at the center of the yellow-ray and the road installed at the center of the center of the yellow-ray, and due to the negligence of driving a vehicle in the opposite line, and the victim D (hereinafter, 40 years old) driving from the network, along one lane to C, was driven by the front portion of the vehicle in the front portion of the vehicle above.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time escaped without any measures such as stopping the vehicle to cover the repair cost of KRW 1,477,705, such as the exchange of strawers, etc., while destroying the above strawer car to cover the repair cost.

2. The Defendant is under the influence of alcohol by 0.109% of the blood alcohol concentration in the range of about 500 meters from the G hospital located in the north-gu F at the time and time under paragraph (1) to the G-gu road located in H at the port of port.

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