beta
(영문) 대전지방법원 2013.07.04 2013고단1586

특정범죄가중처벌등에관한법률위반(도주차량)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

The Defendant is a person engaging in driving CEX car.

On February 27, 2013, at around 19:42, the Defendant driven the said car while under the influence of alcohol of 0.123% with a blood alcohol concentration of 0.123%. On February 27, 2013, the Defendant left the two-lanes from the center line toward the second-lane distance from the center line on the side of the amniter in front of the amniter in Daejeon-gu, Daejeon to the opposite side. Since the place is where the yellow-ray central line is installed on the center of the roadway, a driver has a duty of care to avoid exceeding the center line on the left side.

Nevertheless, the Defendant was found to have been in the front part of the left side of the EXF car by the victim D(75 years old) driving in the second two-lane opposite lane due to the negligence of driving the Hand without standing the Hand.

Ultimately, the Defendant, by such occupational negligence, caused the victim D to suffer injury, such as brain dust requiring medical treatment for about three weeks; caused the victim F, who was on the top of the operation of the Bosch Rexton car, to suffer injury, such as dynasium and tension, of the bones of wood and bones requiring medical treatment for about three weeks; caused the victim G (V, 62 years old), who was on the rear seat of the motor vehicle for Bosch Rexton, to suffer from about two weeks of medical treatment; at the same time, caused the victim G (V, who was on the top seat of the motor vehicle for Bosch Rexton to suffer from about two weeks of medical treatment and escape without taking necessary measures, such as aiding the victims by immediately stopping the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Traffic accident report and accident report of an employer-employed driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3(1)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), Articles 148 and 54(1) of the Road Traffic Act (the point of failure to take measures after causing damage and damage) concerning the crime in the corresponding Article of the Act on the Aggravated Punishment,