(영문) 광주지방법원 2016.07.28 2016고단1942

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(영문) 광주지방법원 2016.07.28 2016고단1942

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of BK3 passenger cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (escaping vehicles) and the Road Traffic Act (sever after accidents);

On March 20, 2016, under the influence of alcohol level of 0.094% from blood alcohol level around 23:45, the Defendant driven the said motor vehicle and proceeded at the speed of about 40km/h of speed in the direction of the front of the “D main store” located in Gwangju Mine-gu C, from the first apartment direction of the apartment site in the city of king.

At the time, since the time is night and a place is a three-distance intersection, there was a duty of care to safely operate the steering gear and operation of the steering system by properly operating the steering system and the steering system while thoroughly emphasizing the right and the right of the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in finding a motor vehicle in the front side late and operated the steering gear and brake system so that the Defendant got left from the front side of the instant motor vehicle due to the negligence of operating the steering gear and steering the steering gear in front of the right side of the said motor vehicle, and received the part of the victim E(41) which was driven by the Defendant at the front side of the instant motor vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, 2,569,541 won in total, such as the exchange of the front offender, one capital-owned passenger car, was destroyed to the extent that it did not immediately stop and escape without taking necessary measures, such as providing relief to the injured party.

2. The Defendant was driving the said K3 passenger vehicle under the influence of alcohol 0.094% at the time and place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. (2) The actual survey report;

1. A medical certificate;

1. Written estimate;

1. Application of the law to the statement report on the situation of the driver at home.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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