beta
(영문) 대전지방법원홍성지원 2020.10.13 2020고단700

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The imprisonment with prison labor for the accused shall be determined by one year and four months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2, 2020, the Defendant of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the violation of the Road Traffic Act (hereinafter referred to as the “Act”) driven a road in front of the C cafeteria located in the Chungcheongnam-gun Hong-gun under the influence of alcohol concentration of 0.091% from the blood alcohol level around 17:25 on June 2, 2020 at a speed of about 30 km each hour along the two-lane road along the speed from the luminous distance to the luminous distance.

There is a place where disease control has not been sufficiently secured, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by thoroughly taking the front time.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care, performed disease control on the front side of the cargo vehicle, and discovered and immediately operated the Fraba and the cargo vehicle driven by the victim E (E, South and the age of 67) who was driven by slowly, but did not reach the said raba and operated it. The Defendant received the rear part of the said raba and the cargo vehicle from the front part of the said raba and received the said raba and the said raba and received the said raba and the said raba and the said rab was adjacent to the cargo vehicle.

The Defendant, through occupational negligence, sustained approximately two weeks of light base and tension with the victim H (ma, 68 years of age), who is the victim and the passenger of the freight truck, by occupational negligence as seen above, and at the same time, destroyed the repair cost of the Raban and the cargo vehicle in the Raba and the G iron, and escaped without taking necessary measures, such as providing rescue to the victim, even though it was damaged to the extent that the repair cost of the 6,253,609 won, and the G iron door amounting to KRW 1,290,000, respectively.

2. On November 30, 2016, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Daejeon District Court's red support.

The Defendant is under the influence of alcohol level of 0.091% at the same time and place as above.