beta
(영문) 청주지방법원 2013.09.12 2013고단413

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 00:30 on November 19, 2012, the Defendant driven the above cargo vehicle while under the influence of 0.102% of blood alcohol concentration of 0.10% on the part of a person who is engaged in driving C truck, and led to three-lanes on the 318km km away from the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the C truck, along with the two-lanes on the road.

In such cases, a person engaged in driving service has a duty of care to operate a direction direction when changing the vehicle line and give prior notice of a change in the course and to make a change in the traffic situation of the front and rear left-hand.

Nevertheless, the Defendant neglected this, while driving the E-learning Motor Vehicle, which is driven by the victim D (the age of 26) who is driving a three-lane due to the change of the vehicle line to the right-hand side, and went away without taking necessary measures, such as aiding and abetting salt, tensions, etc. for about three weeks to the victim D, resulting in the injury of the damaged vehicle in need of treatment for about three weeks to the victim D, and causing the injury of salt, tensions, and tensions, etc. to the damaged vehicle F (the age of 25) for about three weeks, and at the same time, the damaged vehicle was damaged to be 933,149 won to repair the damaged vehicle, without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Part concerning D's statement among the police interrogation protocol against the defendant

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes, such as a survey report on the actual condition, the results of the control of drinking driving, the circumstantial statement of a drinking driver, written estimate, each written diagnosis, the circumstantial report on a drinking driver, and photographs;

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 the destruction of property), and Article 5-3 (1) of the same Act concerning the crime.