beta
(영문) 춘천지방법원 원주지원 2020.01.22 2019고단1082

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 14, 2014, the Defendant was issued a summary order of KRW 5 million on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the original state branch of the Chuncheon District Court.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving freight B and B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 28, 2019, at around 22:45, the Defendant, while under the influence of alcohol, was driving the above cargo, leading to the D Apartment from the front of the Hanju apartment Haju-si.

At night, the defendant's vehicle was at night, and the F taxi was stopped by the victim E(73 years of age) after the defendant's vehicle, so there was a duty of care to make a person engaged in driving service not driving while under the influence of alcohol, and to live well in the direction of driving and drive safely.

Nevertheless, the Defendant neglected this and received the front part of the taxi in front of the Defendant’s cargo vehicle due to the negligence that he was under the influence of alcohol.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and suffered injury to the victim G (the 41 years of age) who was on board the said taxi passengers, such as drilling and climatic salt, etc. in need of medical treatment for about two weeks, and escaped without taking necessary measures, such as immediately stopping, and providing relief to the victims.

2. The Defendant violated the Road Traffic Act (driving) from the road front of the I kindergarten located in H at the time of temporary border as set forth in the above 1.5k section to the road front of the Defendant’s residence located in J at the same time, the Defendant driven B-W truck with the blood alcohol concentration of about 1.5m alcohol concentration of about 0.171% under the influence of alcohol.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1..