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(영문) 대구지방법원 영덕지원 2017.11.17 2017고단132
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of road traffic laws in the Young-gu District Court Young-gu District Court Young-gu branch on the following grounds: (a) on November 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime, etc. in the same court; and (b) on November 12, 2015, the said suspended sentence became effective upon the final judgment; and (c) on March 30, 2017, the Defendant was released on parole on March 30, 2017 and was sentenced to two or more times of a violation of drinking regulations.

1. On April 3, 201, the Defendant driven a D motor vehicle under the influence of alcohol level of about 0.168% without a driver’s license from the 12km section of around 12km away from the 18:01 to the 3rd of the same military road, which is located in the direction of the 12km away from the 18:01 to the 3rd of the same military, the Defendant used the d motor vehicle under the influence of alcohol level of 0.168% in blood without a driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving a D driver car.

At the time stated in paragraph 1, the Defendant driven the said car with alcohol level of 0.168% at the intersection in front of the Gyeongjin-gun, Chungcheongnam-gun, Chungcheongnam-do without a driver's license, and continued to proceed from the boundary of the police station in Ulsan-do to the boundary of Ulsan-gun.

At the time of a three-dimensional intersection, the victim E(44) driver had a duty of care to prevent accidents by safely driving the vehicle by driving the vehicle, such as driving the vehicle at the front, left, and left by driving the vehicle at the seat of the U.S. office with the F. S. government office. On the adjacent road, the driver G(35 years) driver's H of the victim G(35 years old) was under the stop. In such a case, the driver had a duty of care to prevent accidents by safely driving the vehicle by driving the vehicle on the road, such as driving the vehicle on the front, left, and left, while driving the vehicle on the intersection.

Nevertheless, the defendant, under the influence of alcohol, has been negligent and has been negligent in doing so.

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