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(영문) 대구지방법원 2019.02.13 2018고단5776
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

The Defendant, at the Daegu District Court on July 19, 2013, issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million to a fine in the same court on August 8, 2014, respectively, on two or more occasions, for the same crime.

1. On October 21, 2018, the Defendant driven a esch-ton car under the influence of alcohol by 0.133% from the section of approximately 15km from the 3rd road in the border-si B in the border-si, Busan to the front road in the Daegu-dong-gu, Daegu-gu.

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) are those who are engaged in driving motor vehicles of Esch Rexton.

On October 10, 2018, at around 21:36, the Defendant driven the said car with a blood alcohol concentration of 0.133% 0.13%, and made the left turn to the left according to one-lane of the two-lanes of four-lanes in front of the local area lower than the local constituency lower than the 848-lane in Daegu-gu, Daegu-gu, the border area.

It is the intersection where signal lights are installed, and the other vehicles were in the front direction, so the driver had a duty of care to safely operate the steering system by accurately operating the steering direction and the steering system.

Nevertheless, the Defendant neglected this and continued to turn to the left at the right edge of the same lane due to occupational negligence, which led to the failure of the Defendant to neglect it at the front corner of the vehicle, and received a panion behind the passenger car of the victim F(37 years of age) who was in the atmosphere of the signal to turn to the left at the right edge of the same lane.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence.

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