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(영문) 서울서부지방법원 2015.04.07 2014고단3679
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2014, at around 03:50, the Defendant driven a CMW car owned by EN (State) with a blood alcohol concentration of 0.142%, and driven at a speed of about 60 kilometers per hour at the speed of 50 kilometers per hour among the 3-lanes of the red-dong 1, Seodaemun-gu, Seoul, red-dong 1: the red-dong 1: the red-dong 1:0 flow.

At this point and night, in such cases, the driver had a duty of care to check the safety of the course and drive safely by examining well the right and the right and the right and the right, but the defendant, while under the influence of alcohol, failed to enter a two-lane from the first lane to the second two-lane due to the negligence of neglecting the above duty of care, and the defendant got into the right side of the victim D(59 years old) driving in the same direction as the part of the above BMW car, and got into the left side of the victim D(59 years old) driving in the same direction, and went away without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (Provided, That the punishment shall be aggregated with the long-term punishment of the above two crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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