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(영문) 대전지방법원 천안지원 2019.01.11 2018고단2235

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 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 horse set car B.

On August 23:17, 2018, the Defendant driven the said car and proceeded at a speed below the speed of speed, depending on the four-lanes in the direction of the west-gu, Seoan-gu, Seoan-gu, Seoan-dong, Seoan-gu, the two-lanes in the direction of the west-do in the direction of the west-do.

There are four-lane roads on the left side. In such a case, the driver of the vehicle has a duty of care to thoroughly see the left side of the course for the driver of the vehicle, and to safely drive the vehicle so that the driver of the vehicle does not deviate from the course by accurately manipulating the steering direction and brake system of the vehicle so that the accident may be prevented.

Nevertheless, the Defendant neglected this and went through a two-lane while under the influence of alcohol without alcohol in the blood alcohol concentration, and committed a two-lane course, and the Defendant did not immediately stop the back part of the victim C (the 28-year-old, south) driving Doctrine as the front part of the Defendant’s driving car, and did not take necessary measures such as aiding and abetting the victim E (the victim) (the victim), who is the passenger of the victimized vehicle, for about 2 weeks of treatment, for about 3 weeks of treatment, suffered injury, such as salt, tensions, etc. in need of a three-month treatment, and at the same time, suffered injury by the victim E (the victim), who is the passenger of the victimized vehicle, for about 1,974, 245 won in aggregate of repairing expenses, and did not immediately stop the damaged vehicle and take necessary measures such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on traffic accidents and a report on actual condition;

1. Each written diagnosis and written estimate for maintenance of motor vehicle inspection;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act as to the crime in question.