logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.07.04 2014고단751
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a car in a SP area.

On January 5, 2014, at around 18:15, the Defendant driven the said car while under the influence of alcohol of 0.182% of blood alcohol concentration, and driven the same car at a speed of about 60 km per hour from the front side of the Han-ri Village in the Sinsan-Eup, Chungcheongnam-gu, Seoul Special Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to keep the front side and the right and the right and the right and the right of the motor vehicle in a safe way to prevent accidents by maintaining the distance with the motor vehicle ahead.

Nevertheless, the Defendant, while neglecting this and driving under the influence of alcohol, was driven by the victim D (year 49) who was under a stop to turn to the left at the same room, and the part of the back-paner part of the taxi was shocked in front of the car in the above Swiss area, and was inflicted injury on the victim E (year 21) and F (year 21) who are passengers of the taxi, due to the climatic clif, etc. in need of treatment for about two weeks respectively, and escaped without taking necessary measures, such as aiding and abetting the taxi so that the amount equivalent to KRW 1,906,615, such as the exchange of clifers, etc., can be damaged, and the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A traffic accident report and a report on detection of a drinking driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggregated;

arrow