beta
(영문) 의정부지방법원 2016.02.17 2015고단2868

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was punished by a fine of two million won due to a violation of the Road Traffic Act at the Jung-gu District Court on January 29, 2015, and on March 30, 2009, by a fine of two million won due to the same crime at the same court on March 30, 2009.

1. The Defendant is a person who is engaged in driving a Dexton vehicle.

On June 10, 2015, the Defendant 23:32 around Yangju-si, Yangju-dong, 586-7, 586-7.

Since there is a house with a parked vehicle, the driver has a duty of care to prevent the accident by operating the vehicle when confirming whether there is a parked vehicle.

Nevertheless, the Defendant, without neglecting the above duty of care, operated the vehicle by negligence, and shocked the part owned by the victim E in front of the given Bosch Rexrothton vehicle at a point 30 meters away from the above 30-meter, and shocked the front part of the driver’s seat in front of the above Bosch Rexton vehicle’s assistant seat in the victim F. The Defendant continued to turn left and parked on the right side with the part of the victim’s I low typ typ wheeler in front of the driver’s seat in the above Bosch Rexton vehicle.

Ultimately, even though the Defendant damages the above chemical value of 100,000 won at the market price, damages KRW 780,327 at the repair cost of G rocketing car, and damages KRW 391,301 at the I's low-priced car repair cost, the Defendant did not immediately stop and take necessary measures.

2. Violation of the Road Traffic Act (drinking driving) and the violation of the Road Traffic Act (drinking driving without a license) are located at the same time and at the same time as above, the Defendant 586-7-dong, Yang-si, Yang-si, an accident site under the influence of alcohol 0.10% in alcohol while under the influence of alcohol without obtaining a driver’s license.