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(영문) 대구지방법원 포항지원 2018.04.18 2018고단39
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the case 5 car.

1. On December 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (i.e., an accident) (ii., an act subsequent to an accident), driving the said vehicle under the influence of alcohol content of 0.098% in blood transfusions around 21:41 on December 14, 2017, and driving the said vehicle on the south-gu coast at port, South-gu, and the road front of the modern steel culture along the direction of the flow distance from the Cheongg-dong.

Since there is a road where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering left and right of the front, and by safely operating the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who stops in order to wait at the same lane due to negligence while neglecting this, and was driven by the victim C, in front of the Defendant’s vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as salt, tensions, etc., in which approximately three weeks of treatment is required, and suffered injury to the victim E and the victim F, respectively, such as base salt, tensions, etc. in which treatment is required for about three weeks of treatment. The victim G who was on board the damaged vehicle, the victim H, and the victim H, respectively, suffered injury to throst, etc. without any address in two opens where treatment is required for about three weeks of treatment. At the same time, the victim C, E and F, who were on board the damaged vehicle, failed to stop immediately and take necessary measures, such as providing relief to the victims.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the B-5 car under the influence of alcohol with 0.098% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

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