beta
(영문) 창원지방법원 통영지원 2018.11.23 2018고단1131

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 rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On June 30, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.145% on the side of the road in front of the C-Si, through a driving on June 30, 2018, and led to one-lane of the two-lane direction of the opening of cell height on the side of the C-Si road.

The location is a two-lane road, and since the new wall time is late at the time, there was a duty of care to prevent accidents in advance by thoroughly driving the front city and safely.

Nevertheless, under the influence of alcohol, the Defendant received the parts of the victim D (the 42 years old) who was proceeding in the front part of the said rocketing car driven by the Defendant due to the negligence of breathing the central line, and was in the front part of the said rocketing car (the 42 years old).

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim D, such as salt, tensions, etc. in the clify that requires approximately two weeks of treatment, suffered injury to the victim F, such as salt, tensions, etc. in the clify that requires approximately two weeks of treatment, and also escaped without taking necessary measures, such as immediately stopping the said E to the extent that the repair costs are damaged, and providing relief to the victim.

2. Around 00:40 on October 30, 2018, the Defendant was under the influence of alcohol content of 0.145% during blood transfusion, and the Defendant driven B rocketing car at a section of about 300 meters prior to C at the front of the road located in the Tong-gu G at the Tong-si, G, with approximately 00 meters alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each traffic accident-related person;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, notification of the results of crackdown on drinking driving, inspection report on actual condition, and on-site photograph of the accident;