(영문) 춘천지방법원 강릉지원 2013.05.02 2013고단142



A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On January 22, 2013, the Defendant, as a person engaging in driving Crano-car, was under the influence of alcohol on January 22, 2013, operated the said car at a speed of about 50 km from the clock on the national highway No. 7-lane in the East Sea-dong at the same time, and operated the said car at a speed of about 50 km from the clock on the clock side along two-lanes.

At the time, it was difficult to secure the view due to night and rain, so in such a case, a person engaged in driving service has a duty of care to prevent accidents, such as the well-being of the front left, the accurate operation of the steering and brakes, etc., and to conduct safe driving.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting the duty of the Jeonju City, and was negligent in proceeding with the Defendant’s driving ahead of the said vehicle, followed by the victim D(the age of 43) who was crossing the road from the right direction to the left side of the vehicle, and had the victim go beyond the road.

Ultimately, even though the Defendant suffered injury, such as pulverization and cutting down on the left-hand side, which requires approximately 12 weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. The fact that the injury of the victim under Article 62 (1) of the Criminal Act is not somewhat weak, and that the defendant has a criminal record of a violation of the Road Traffic Act due to a drunk driving or a unlicensed driving, the sentencing factors disadvantageous to the defendant, or the victim is also at considerable fault in the occurrence of a traffic accident by crossing the victim without permission under the influence of alcohol.