beta
(영문) 수원지방법원 여주지원 2013.09.16 2013고단566

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person engaging in driving a C low-priced

At around 01:30 on April 21, 2013, the Defendant, while under the influence of alcohol of 0.179%, proceeded at a speed of her speed on the roads in Ireland, Chang-dong, Hongcheon-si. Sweba.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by properly checking the situation of the front side and accurately manipulating the steering system, etc.

Nevertheless, the Defendant, by negligence of neglecting the influence of alcohol as above, found the victim D (the age of 29) who was crossing the road from the right side of the front bank to the left side, delayed detection of the victim D (the age of 29) and shocked the right side of the victim's right side by the front part of the Defendant's vehicle.

Although the Defendant by occupational negligence suffered injury to the above victim, such as the right sleep, blood transfusion, etc., which requires treatment for about four weeks, the Defendant immediately stopped and escaped without taking appropriate measures, such as aiding the victim or reporting to the police station.

2. Violation of the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) were driven by the Defendant without a driver’s license, in a state of under the influence of alcohol alcohol concentration of about 10km from the direction from the direction of a bar in the direction of an Abori-Eup, Haak-si to the direction of a new apartment located in the new apartment located in the Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report on traffic accidents;

1. On-site photographs;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.