beta
(영문) 대구지방법원 김천지원 2015.08.12 2015고단541

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 who is engaged in driving a white cargo vehicle B.

On February 16, 2015, the Defendant driven the above cargo while under the influence of 0.112% of blood alcohol concentration around 19:10 on the 16th day of February, 2015, and continued to turn to the left of the road front of the E convenience store in the D market located in Kimcheon-si Kimcheon-si C from the pathal surface of peace and religion.

At the time, there was a person driving a motor vehicle, who is driving a motor vehicle on the right side, using a mountain on the right side, so there was a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right side and the right side.

Nevertheless, when the defendant neglected to do so while under the influence of alcohol and went through as it is, the defendant used a friendly acid from the right side of the marina course direction and galed the friendly acid of the victim F (the age of 16) with the part on the right side of the cargo vehicle in the white boom, so a friendly acid was set at the corner and the victim was faced with the item of the victim.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of medical treatment for about two weeks due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and F;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Report on the statement of the situation of a drinking driver, report on detection of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Investigation report (verification as to whether a victim is injured by the F);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.