beta
(영문) 청주지방법원 2018.02.08 2017고단1818

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a B B-S car.

On May 9, 2017, the Defendant: (a) driven the said car with alcohol concentration of 0.120% in blood on the front of “the original Sung-dong,” which is located in Seocho-gu, Seowon-gu, Seowon-si on May 22:20, 2017; (b) driven the said car on the side of the south Tri-gu, and proceeded into the Cheongnam-gu, Chungcheongnam-do, and led it to the right bypassing the said car to the ground of the first apartment bank.

At the time, the victim C(35) driving was in the right direction of the defendant at night and there was a duty of care to prevent accidents by accurately operating the steering gear and operating the steering gear, after checking the right and the right and the right of the driver prior to the right transfer to the driver, because the victim C(35) driving is in the direction of the right direction of the defendant.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the front part of the above Oral Ba in front of the above Oral Ba in front of the right side of the said Oral Baal Baal.

As a result, the Defendant, by negligence in the course of performing the above duties, caused the victim to suffer a diversity in need of approximately two weeks of treatment, and at the same time, destroyed the above d,625,50 won of repair expenses, and escaped without taking necessary measures, such as immediately stopping the victim, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police statement protocol against E;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on driving drinking;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation (report accompanied by response data to a request for a medical certificate of injury);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury or injury), Articles 48, 54(1) of the Road Traffic Act (the point of non-measures after traffic accident), and Article 148-2 of the Road Traffic Act concerning the crime.