beta
(영문) 전주지방법원 2014.04.04 2013고단2796

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

1. Around 00:30 on September 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu) driven the said car with a three-lane distance in front of the Songcheon-gu, Seojin-gu, Jeoncheon-gu, Seoul, under the influence of alcohol with a 0.226% alcohol concentration in blood, and driven the said car along the three-lane distance from the movable-dong room to the ho-dong bank.

At that time, there was a person who is dealing with an accident in relation to a traffic accident. In such a case, the defendant engaged in the driving of the motor vehicle had a duty of care to check the right and the right and the right of the motor vehicle well and to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and led to the following: (a) the part on the right side of the victim C(25 years old); (b) the part on the right side of the victim D(26 years old); and (c) the part on the right side of the victim E(26 years old); and (d) the part on the right side of the victim E(26 years old) on the left side of the vehicle driving of the Defendant.

The Defendant, through the above occupational negligence, escaped without taking necessary measures, such as aiding victims, even though the victims suffered injuries, such as salt, tension, etc. in need of treatment for up to two weeks.

2. The Defendant violated the Road Traffic Act (driving) at a 1km section from the front day of a drinking felb in Songjin-gu, Seojin-gu, Songcheon-gu, Jeonju-si, under the influence of alcohol by 0.226% of the blood alcohol concentration in a temporary border (hereinafter referred to as the above paragraph (1) to the third day of the above Songcheon-gu, Seojin-gu, Songcheon-gu, Jeoncheon-gu, Jeoncheon-gu, Jeonju-si, and driven the car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. Each written diagnosis;

1. A report on detection of a host driver;