beta
(영문) 서울중앙지방법원 2015.07.15 2015고단3139

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

[criminal power] On April 5, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for a crime, such as violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the first general military court of the Army on April 5, 2013, and the judgment becomes final

【Criminal Facts】

1. On January 11, 2015, the Defendant was under the influence of the alcohol level of 0.157% on blood alcohol level around 09:25 on January 11, 2015, the Defendant driven a C SP car at approximately 2km from the roads near the new forest basin in Seoul Special Metropolitan City to the roads front of Seoul Special Metropolitan City, Nowon-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and Violation of the Road Traffic Act (U.S.A.) were driven by the said vehicle while under the influence of alcohol in a lump sum as above, and the Defendant was driving three lanes prior to Gwanak-gu in Seoul Special Metropolitan City along the three lanes from the elim basin to the elimb of Seoul University.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol, and since a signal, etc. is installed, there was a duty of care to proceed in accordance with the protection of the front bank.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in contravention of the red signal at the front side of the Defendant’s vehicle, conflicted with the front part of the E-Ip-Wn-Wn-on car driven by the victim D(35 years of age) who is to turn to the left from the front side of the e-Wn-Wn-Wn-Wn-Wn-Wn vehicle

After all, the Defendant, by the above occupational negligence, suffered from the victim D’s saved saves, etc. in need of approximately two weeks of treatment, and at the same time, escaped without immediately stopping the damaged vehicle so that the repair cost of the damaged vehicle would be equivalent to KRW 1,793,583, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.