beta
(영문) 인천지방법원 2017.10.18 2017고단6170

특정범죄가중처벌등에관한법률위반(도주치상)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 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 engaging in driving of a vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On May 11, 2017, the Defendant driven the above-mentioned vehicle with alcohol concentration of 0.123% in the influence of alcohol during blood around 07:15 on May 11, 2017, and led the front of the Incheon Southern-ro 280 new bank to proceed in accordance with the direction of literature ICT in the direction of the new market.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle and to safely drive the motor vehicle by keeping the right and the right of the front.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop due to traffic congestion at the front of the vehicle operated by the victim C (55 S) who was driven by the victim C(55) at the front of the vehicle.

Ultimately, the Defendant: (a) by such occupational negligence, inflicted an injury on the victim C, such as base salt, etc. in need of approximately two weeks of medical treatment; (b) the victim E (the 54 years old), who is the passenger of Lone Star vehicle, suffered from the injury of base salt, etc. for about two weeks of medical treatment; and (c) the victim F (the 25 years old) suffered from the injury of base salt, etc. for about two weeks of medical treatment; and (d) at the same time, the victim C’s Lone Starsch vehicle was destroyed to the extent of KRW 1,05,428 of the repair cost, but failed to immediately stop and escape from the victim C without taking measures such as providing relief to the victim.

2. On May 11, 2017, the Defendant was under the influence of alcohol content of 0.123% from blood transfusion around 08:10 on May 11, 201, the Defendant driven Done Star Sheet in the section of about 4.4km from the area of approximately 4.4km from the south-gu Public Health Center near the Nam-gu Incheon Metropolitan City, to the road in front of the 618 Gao Stak Stak Stak Stak Stak Stak Stick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate (three copies);

1. The written estimate Acts and subordinate statutes;