beta
(영문) 인천지방법원 2018.02.21 2017고단9426

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle with a hurburged vehicle B.

On August 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.105% among blood transfusion around 22:50 on August 15, 2017, and proceeded with four lanes in front of the D cafeteria located in Incheon Bupyeong-gu, Incheon, with two lanes at a speed of about 50km along the new distance from the offside of the bridge.

At the time of night, there was a duty of care to prevent accidents in advance by checking the right and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, went beyond the F.O. 51 (S. 51) drive of the Victim E (S. 51) who was under way in the front bank due to negligence, was under the influence of alcohol, thereby causing injury to the victim by taking approximately six weeks of treatment on the right to the right, and at the same time, went away from the scene without taking necessary measures, such as aiding and abetting the damaged person, even though the above Oral Ba was damaged to the extent of KRW 5,000 of the repair cost for the part of the C. 5,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the traffic accident report, report on the situation of the driver with the main driver, records of crackdown, estimates, and medical certificates;

1. The point of view on the criminal facts in the relevant legal provision escape: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: The point of view of driving under the influence of alcohol: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act after an accident: Articles 148 and 54 (1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is traffic accident in the state of drinking by the defendant.