beta
(영문) 광주지방법원 순천지원 2019.06.19 2018고단2758

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving motor vehicles B;

On October 4, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.171% 0.10% around 23:10, and driven the said car along the two-lanes from the shooting distance front of the D University located in Dacheon-si C along the parallel from the right side of the port side to the breadth.

Since there is a blind distance in which signal lights are installed at the time, the driver had a duty of care to prevent accidents in advance by safely driving by reporting the traffic situation in the front.

Nevertheless, due to the negligence that the Defendant neglected this and continued to proceed even when the vehicle driving signal is changed to a stop signal while being drunk, the Defendant received the backer of the victim E (the 45-year-old) driver’s car in the front direction of the course of the Defendant’s operation by the Defendant, who was in the atmosphere of the signal at the front direction of the Defendant’s operation.

As a result, the Defendant suffered injury to the victim, such as scarcity, which requires treatment for about two weeks by occupational negligence as above, and at the same time, scoo-cood car was destroyed to the extent of repairing costs equivalent to KRW 14,127,080, and escaped without immediately stopping the vehicle and taking measures such as aiding the victim.

2. On March 10, 201, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s Netcheon Branch on March 10, 201, and KRW 5 million as a fine in the same court on January 22, 2014.

The Defendant driven B rocketing car under the influence of alcohol level of 0.171% at the date and place specified in paragraph (1).

Accordingly, the defendant has violated the Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol.