beta
(영문) 수원지방법원 평택지원 2021.03.26 2020고단1717

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle with B's physical examination in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after the accident).

On June 14, 2020, the Defendant proceeded to C Apartment from the sloping side of the military door-distance in Pyeongtaek-dong 215-9, Pyeongtaek-si, Pyeongtaek-dong on June 14, 2020.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected to do so and neglected so and thereby was driven by the victim D ( South, 25 years old) who stops in the signal atmosphere in front of the direction of the Defendant’s running, and received the rear part of the E Launa car in front of the Defendant’s vehicle.

The Defendant, due to such occupational negligence, suffered injury to the victim, such as cerebrovasil, etc., which does not have any room within two weeks open for medical treatment, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim, even though it damages the said vehicle to the extent that the amount equivalent to KRW 7,587,68, such as the exchange of back pansions, is equivalent to the repair cost.

2. Defendant 1, at the same time and place as above, driven the above B's 26km car from the road in the Yan-si-dong, Pyeongtaek-si-dong to the military door-distance 215-9, in a state of alcohol concentration of 0.107% under the influence of alcohol during blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Photographss of each accident scene, photographs of collision points, vehicles under way, and photographs of damaged vehicles;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Medical certificates and opinions;

1. Application of the written estimate statutes;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.