beta
(영문) 의정부지방법원 고양지원 2013.12.05 2013고단1774

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 20:00 on September 12, 2013, the Defendant driven a Bsch Rexton car under the influence of alcohol of 0.245% of the alcohol concentration at the front of the "Grang Agricultural Site" located in Yongsan-gu, Yongsan-gu, Seoyang-si, Seoyang-si, through a road in front of the apartment complex of the same 175 white-ro 7 complex in front of the same Gu and in front of the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) provided that the Defendant driven the said Bosch Rexton car at the time and time set forth in Paragraph 1, and led the said white seven complex apartment street to the front direction from the wind direction.

Under the foregoing circumstances, the Defendant, while driving a motor vehicle under the influence of alcohol, took the part on the left side of the motor vehicle of the victim C (the 48-year-old driver), which was placed in the center line, into the left side of the motor vehicle of the said sch Rexton, and caused the victim to suffer from the shocked crypine, etc. requiring approximately two weeks medical treatment, and at the same time, the said croc was destroyed to the sum of the repair cost of the motor vehicle of KRW 1,421,981 by immediately stopping the motor vehicle without taking necessary measures, such as providing relief to the victim or confirming damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.