beta
(영문) 인천지방법원 2014.04.24 2014고단890

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On October 31, 2013, the Defendant driven the said car under the influence of alcohol of 0.089% with a blood alcohol concentration of 0.089% on 19:45 on October 31, 2013, and led to a two-lane road in front of the Yanun apartment in Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, to go through the bank telescope from a wooden complex boundary.

At the same time, the two-lanes of the above road are driving by the victim D (EM) while driving a business taxi, and thus, if the vehicle is changed, there was a duty of care to safely drive the vehicle before and after the change and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went away without stopping a taxi in order to cause damage to the 712,800 won of the repairing cost and to rescue the victim, even though he did not immediately stop the taxi in order to cause damage to the 712,800 won of the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents (on the actual condition survey report and photographs);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of the written estimate statutes;

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, 154 (1) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) are more severe.