beta
(영문) 청주지방법원 2020.11.25 2020고단1765

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On Aug. 2, 2006, the Defendant, who is engaged in driving of Category B New Zealand X-D car, has violated the prohibition of driving under the influence of alcohol under the Road Traffic Act on Oct. 17, 2006 (0.089% of blood alcohol concentration), Oct. 18:25 (0.282% of blood alcohol concentration), and March 23:33, 2015 (0.109% of blood alcohol concentration) respectively.

On April 13, 2020, the Defendant was under the influence of alcohol with 0.120% of blood alcohol concentration 0.120% on Apr. 13, 2020, and around 2 km from the front of the center for the removal of “D”, located in Heung-gu, Chungcheongnam-gu, Seoul, the Defendant, driving the said vehicle at approximately 2 km, leading to the “E-school” in the two cycles of Cheongju-gu, Seo-gu, Seowon-gu, and led to the entry into the direction of the “F school” on the side of the “E-school.”

At night, at the time, there was a duty of care to prevent accidents in advance, such as checking the safety of the course by checking well the front and rear left, and the safe operation of the steering and brakes while accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the Defendant was on the right side from the left side of the Defendant’s proceeding to turn to the left in accordance with the new subparagraph, and received the front front part of the victim G (the age of 47) driving and the front part of the driver’s seat of the car as the Defendant’s front part of the car operation seat.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim G and the victim I (the 15 years old, the 14 years old, and the victim J (the 14 years old), respectively, on the part of the Defendant, on the part of the above occupational negligence, on the part of the victim G, such as salt, tensions, and so on, requiring two-day medical treatment, and at the same time, did not take necessary measures such as immediately stopping the said car owned by the victim G while destroying the said car to the 3,849,700 won for repair costs and providing relief to the victim.

Summary of Evidence

Defendant’s legal statement

1...

참조조문