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(영문) 대구지방법원 2019.02.14 2018고단5865
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 26, 2013, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act at the Daegu District Court on November 26, 2013, and on January 15, 2015, the Defendant was sentenced to imprisonment of KRW 8 months with labor for the same crime in the same court and two or more years of suspended execution and driving under the influence of alcohol at least twice.

【Criminal Facts】

1. Around 00:10 on Nov. 17, 2018, the Defendant driven D rocketing car with a blood alcohol concentration of about 0.225% from the 5km section from the road in front of the Daegu Dong-gu B market to the road in front of the Gu C building.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving a rocketing car.

On November 17, 2018, the Defendant driven the above car at around 00:10, and led to the two-lane road in front of the F Council members in Daegu Dong-gu E along the two-lane road in front of the F Council members in Daegu Dong-gu, the Defendant proceeded along the two-lanes from the new Ne-distance flood section C.

At the time, there is a night and a place where the center line of yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly drive the motor vehicle in front and safely.

Nevertheless, the Defendant neglected to do so and received the part on the left side of the victim G (the age of 23) driving, which was normally driven in the opposite lane to the opposite direction of the course, from the occupational negligence of the center line, as well as the part on the left side of the said car.

Ultimately, the Defendant did not have two open measures that require approximately two weeks of medical treatment to the victim I (the victim 53 years of age) who is the passenger of the damaged vehicle, for approximately two weeks of injuries, such as cage cage cages and tensions, which require approximately two weeks of medical treatment.

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