(영문) 수원지방법원 성남지원 2015.01.15 2014고단2814



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.


Criminal facts

On October 20, 2014, the Defendant was under the influence of alcohol at around 06:57, and at around 0.217, the blood alcohol concentration, and the Defendant was driving a sealed freight vehicle C with a view to driving a road of one lane prior to a sex management high school, which is located in the 82-ro of the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, and stopped temporarily for the left-hand turn.

At the time, the lower surface was slicked, and there was a strong slope, so in such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle by operating the steering direction and brake system of the motor vehicle accurately and driving the motor vehicle again.

Nevertheless, under the foregoing circumstances, the Defendant was negligent in driving while driving a motor vehicle on a sudden basis while being negligent in driving the motor vehicle, and received the front part of the victim D (31 years old) driving the motor vehicle that was parked behind the cargo vehicle of the Defendant at the time, from the victim D (31 years old) to the rear part of the said cargo vehicle.

As a result, the Defendant caused the victim to suffer injury, such as definite salt requiring treatment for about two weeks by occupational negligence as above, and at the same time, destroyed the victim’s car to be in excess of KRW 1,261,30, and escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident (1, 2);

1. The circumstantial statement of a drinking driver, the written appraisal of blood alcohol and the report on detection of a drinking driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs and photographs of damaged vehicles;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and the Road Traffic Act.