beta
(영문) 광주지방법원 2013.06.24 2013고단1686

특정범죄가중처벌등에관한법률위반(도주차량)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

Defendant

A is a person who is engaged in driving of a B-Pppp motor vehicle.

At around 23:55 on April 9, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.11%, and led the Defendant to drive the said car at a speed of 0.11%, and turn the three-lanes of the three-lane roads in front of the main office of the Seogju Agricultural Co., Ltd. in Seo-gu, Seo-gu, Seo-gu, Gwangju to the direction of the old new abuse death distance.

Since there is a place where traffic control is not carried out, in such a case, a person engaged in driving service has a duty of care to check the safety of course by properly examining the pre-passing route.

Nevertheless, the Defendant neglected this and neglected to drive the victim C (the 42-year-old driver) who stops in three-lanes of the running direction due to negligence bypassing the right side of the vehicle under the influence of alcohol, and received the part of the fences, following the left side of the vehicle, and received the above part of the fences around the right side of the vehicle under the influence of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim C to suffer injury, such as cage cages, which requires approximately three weeks of medical treatment, and at the same time, destroyed a car to be repaired in an amount equivalent to KRW 581,836, and escaped without immediately stopping the car and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. The application of each Act and subordinate statutes stated in the actual condition survey report, the master-user report, the estimate, and the written diagnosis;

1. Relevant Article of the Act on the Punishment of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing injury by occupational negligence) concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.