beta
(영문) 대구지방법원 서부지원 2015.05.15 2015고단298

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 11, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, and on March 16, 201, the Defendant was sentenced to a summary order of 3 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court's branch on March 16, 201, and on December 3, 2014, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on July 3, 201, and the said judgment became final and conclusive on December 11, 2014.

The defendant is a person engaged in driving a gallon 2 car.

On November 1, 2014, at around 13:10, the Defendant, while driving the said car under the influence of alcohol content of 0.201% at the 159.6 km away from the 88 Highway Daegu Doggro-do, 159.6 km away from the 1st-lane Doggro-do, 13:10, 201, led to the Daegu Dogro-do in Gwangju.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded at the front side of the victim E(the age of 44) driving in the same lane, which was driven by the Defendant, received the front side of the Defendant’s car.

As a result, the Defendant: (a) by occupational negligence as seen above, suffered injury to the victim E, i.e., “finites and tensions” requiring approximately two weeks of treatment; (b) suffered injury to the victim G (V, 46 years of age) who is the son, such as “finites and tensions in urine,” which requires approximately two weeks of treatment; and (c) at the same time, destroyed the said car sirens to cover KRW 321,963 in total repair cost; and (d) escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Exemplary drivers;

참조조문