beta
(영문) 인천지방법원 부천지원 2016.09.08 2016고단1670

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

On May 14, 2016, at around 05:58, the Defendant, while under the influence of alcohol of 0.152% of blood alcohol concentration, driven a bppppon vehicle with two-lanes of three-lanes in front of the coast Highway 323.2K located in the Gunpo-si located in the Gunpo-si. The Defendant proceeded along the two-lanes in front of the coast Highway 323.2K located in Seoul.

At the time, the Defendant was behind the victim C(35 years old) driving in the same direction. As such, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving a motor vehicle had a duty of care to live well in the same situation of the said passenger vehicle; (b) securing safety distance; and (c) a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected to drive a car in such a situation where it is difficult to drive the car normally due to the influence of alcohol as above, and was negligent in driving the car stroke, and received the back part of the car stroke as part of the front part of the car stroke.

The Defendant, by the foregoing occupational negligence, committed the injury to the victim E (V), F (8), G (n, 36 years old), and other injuries, such as salt ties and tensions, in which treatment for about two weeks is required for each of the above victims and the above damage to the victim E (V), G (V), and G (V), the victim H (V), I (V, and 39 years old), and the victim J (V) did not immediately stop and escape without taking necessary measures, such as aiding and abetting the victims.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement (List 8);

1. Traffic accident report (list 1), notification of the results of the control of drunk driving (list 7), and each medical certificate (list 9 through 15);

1. Application of the Acts and subordinate statutes to photographs (list 16);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts.