beta
(영문) 대구지방법원 2016.08.18 2016고단2347

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

[criminal history] On November 7, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on November 1, 2010, a summary order of KRW 5 million issued by the same court due to the same crime, etc. on November 1, 2010, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.

[Criminal facts]

1. On January 16, 2016, the Defendant violated the Road Traffic Act (drinking) and the Act on Guarantee of Compensation for Motor Vehicle Damages: (a) the Defendant driven a Cart motor vehicle not covered by mandatory insurance in a state of alcohol concentration of approximately 0.134% from the road front of a simplified railroad station in Daegu Dong-gu, Daegu to the road adjacent to the same day, etc.

2. The Defendant is a person who is engaged in driving a set of automobiles C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) and the Road Traffic Act (ii).

Around 01:40 on January 16, 2016, the Defendant driven the said car while under the influence of alcohol and continued to drive the said car along the four-lanes in front of the “E” located in Daegu-gu, Daegu-gu, along the four-lanes from the four-lane bordering side to the elementary school in the same village.

At this point, there was a duty of care to prevent accidents by thoroughly driving a vehicle on the front side while maintaining the safety distance with the vehicle in front, and in such a case, the person engaged in driving service has a duty of care to prevent accidents by driving the vehicle through thoroughly maintaining the safety distance with the vehicle in front.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the front of the Defendant’s vehicle at the right edge of the GM5 vehicle driven by the Victim F (42) who was under the stop in accordance with the new subparagraph (42) at the front of the Defendant’s vehicle at the front of the said TM5 vehicle, shocks the front part of the said TM5 vehicle into the front part of the said TM5 vehicle. Accordingly, the Defendant is behind the victim H(45 years) who stops in the front of the said SM5.