logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.06.19 2014고단54
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is engaged in driving of C SP car.

On November 21, 2013, the Defendant, while under the influence of alcohol with 0.162% of blood alcohol concentration at around 05:48, the Defendant driven the said spke car not covered by mandatory insurance, and continued to drive the said spke car along the three-lane road in front of the new 4-distance distance from the right side of the Cheongju to the nearest side of the Cheongbuk-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly operating the front hour and accurately manipulating the steering and brakes.

Nevertheless, while neglecting this, the Defendant was negligent in driving the said SP car while under the influence of alcohol, and the part of the victim D (E) driving, which was trying to stop according to the stop signal prior to the direction of the Defendant’s proceeding, was taken into account as the front part of the SP car driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as light dump, which requires treatment for about two weeks, and at the same time, escaped without any necessary measures, such as aiding and abetting the injured party, even though the said dumped vehicle was damaged by approximately KRW 810,454 as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written initial action at the traffic accident site, a practical survey report, a master driver's license report, and a written statement on the state of the driver's license;

1. An investigation report (to hear statements from victims);

1. The credit bureau and the mandatory insurance association;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Act on the crime: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, and escape after occupational injury.

arrow