beta
(영문) 대구지방법원 2015.10.22 2015고단3476

특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a DNA cargo vehicle.

1. On May 26, 2015, the Defendant violated the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents, at around 07:55, the Defendant, while under the influence of alcohol at a rate of 0.060% in blood alcohol concentration, was driving in one lane between four lanes from the upstream of the upstream line of 133km in Busan, Busan.

In such cases, the driver has a duty of care to maintain the safety distance and drive safely if there is a vehicle prior to the operation by properly operating the steering and steering gear with a person engaged in driving service.

Nevertheless, the Defendant did not find out that the FK5 vehicle driven prior to the same direction by the victim E (the age of 28) due to negligence while drunkly driving without neglecting such duty of care and did not stop, and the Defendant received the back part of the said K5 vehicle with the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately two weeks of medical treatment.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) have caused accidents such as the date and place mentioned in paragraph (1) above, and the occurrence of a chain traffic accident, which led to the elimination of drinking driving. As such, the Defendant tried to interfere with the insurance company and to leave the scene.

The Defendant, as the negligence of neglecting his duty of care as set forth in Paragraph 1, is driving by the victim I, who is driving in front of the right side of the cargo vehicle, driving in front of the two-lanes by the victim G (the age of 48) who is driving in front of the cargo vehicle and driving in front of the left side of the cargo vehicle, and who is driving in front of the three-lane cargo vehicle.