beta
(영문) 광주지방법원 2018.08.16 2018고단1754

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

Reasons

Punishment of the crime

On April 9, 2018, while under the influence of alcohol level of 0.090%, the Defendant was driving a DK7 car in front of the road located in the Gwangju Mine-gu, Gwangju, under the influence of alcohol level of 0.09%. On April 9, 2018, the Defendant: (a) neglected the duty of care to safely drive the vehicle; (b) by neglecting the duty of care to safely drive the vehicle; (c) by neglecting the duty of care to assist the victim E (40 years old); (d) by taking the front part of the FF taxi driven by negligence, the Defendant suffered injury, such as salt, tension, etc. in need of treatment for about two weeks; and (e) at the same time, the said taxi was destroyed to the level of 34,442 won per repair cost to the extent that the 334,42 won was destroyed; and (e) did not take necessary measures, such as aiding the victim by immediately stopping the vehicle.

Around 03:41 on April 9, 2018, the Defendant continued to drive the said K7 car at a 1km and left the H-ray intersection in Gwangju Mine-gu from the sloping level to the H level. The Defendant, while failing to perform the duty of care to safely drive the Haak and left, caused the victim I (24 years old) who driven the said K7 BMW car to the port from the right side of the running direction of the said K7 car by failing to perform the duty of care to accurately operate the Haak and steering the steering gear, and thereby, caused the victim K (17 years old and female) who was on board the said K7 car and the said BMW car to suffer any injury to each of the two weeks during which each of the two weeks of the victims, who driven the said K7 car, had been on the right side of the said K7 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement I and K;

1. Each photograph (number 2,23 of the evidence list);

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of CD-related Acts and subordinate statutes

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking) of the relevant Act;