beta
(영문) 창원지방법원 2019.05.17 2019고단218

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

Reasons

Punishment of the crime

1. Around 03:57 on December 16, 2018, the Defendant driving a vehicle of f-burged from the front of the “C” road located in Kimhae-si B to the front of the “E” road located in the same city as “E” in the same city D, the Defendant driven a vehicle of 0.126% of the blood alcohol concentration at the 2km section while under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a motor vehicle with a self-surd motor vehicle listed in paragraph

On December 16, 2018, the Defendant driven the above car at around 03:57, and proceeded the front road of the “E” as set forth in paragraph (1) at about 80 km from the direction of the Kim Sea Police Station in the direction of Kim Sea-gu.

At night, the location is the road near the intersection where signal, etc. is installed, and there are vehicles that are going on the front side of the defendant's vehicle, so the driver of the vehicle has a duty of care to check and proceed with safety by checking well the front side and the left side of the vehicle.

Nevertheless, as described in Paragraph 1, the Defendant was in the front part of the Defendant’s vehicle, which was driven by the victim G (V, 48 years old) who was driven by the victim H Co., Ltd., who was driven under the influence of alcohol, due to the change of signals on the front side of the same lane as that of the Defendant’s vehicle due to the negligence, which was driven by the Defendant’s vehicle due to the negligence of neglecting the front speed and not decreasing speed.

Ultimately, the Defendant, by occupational negligence as above, suffered light fluoral salt, etc. in need of treatment for about two weeks to the victim G, and at the same time, avoided the repair cost of KRW 3,350,000, such as the exchange of back-fluor, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. G statements;

1. A written diagnosis and written estimate;

1. Exemplary drivers;