beta
(영문) 서울동부지방법원 2015.06.04 2015고단1009

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving of Category C Guns;

On March 21, 2015, the Defendant driven the above taxi under the influence of alcohol of 0.161% with a blood alcohol concentration of 0.51% on March 21, 2015, and proceeded ahead of the e-mail conference in front of the e-mail in Songpa-gu Seoul Metropolitan Government, Seogu, with a flow-distance distance from the e-mail distance from the e-mail area at the e-mail.

At the same time, there was a duty of care to prevent accidents by accurately manipulating the steering system and operating the steering system and the steering system for the defendant engaged in driving of the motor vehicle, because the vehicle is near a three-distance intersection where the traffic of the motor vehicle is frequent.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving so that he can turn to the left at the right behind the direction of the Defendant’s driving due to the negligence of the Defendant’s driving, while he was under the influence of alcohol, was faced with the top part of the left part of the EM3 car driven by the victim D (In this case, 58 years old) who was driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, caused the above victim to suffer injury, such as saved salt, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the said SM3 car to take approximately KRW 2,099,916, such as the exchange of the front offender, and escaped without immediately stopping and taking measures such as providing relief to the victim.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by dangerous driving) was negligent in failing to perform his/her duty at the front direction while drunk while flying about 400 meters away from the same distance at the same time and place after having caused the accident at the above time and place, and neglecting his/her duty of the front direction while under the influence of alcohol.