(영문) 서울남부지방법원 2017.06.22 2017고단1801

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줄 간격

자간(%)

(영문) 서울남부지방법원 2017.06.22 2017고단1801

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving of a cruise vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent)

On March 22, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.117% from blood alcohol level of 0.22:00, and proceeded at a speed of one-lane between the two-lanes from the head of the rainwater pumps to the two-lanes, one-lanes of the two-lanes of the two-lanes of the apartment complex in Gangseo-gu Seoul Metropolitan Government.

At the time, the driver of the vehicle was at night and at the same time a left left turn, so there was a duty of care to safely drive the steering vehicle by accurately manipulating the front door and the left door and the left door and the left door.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the left-hand left-hand part of the victim C(I, 40 years old), who was standing in the opposite direction at a one-lane of the opposite direction, and received the front-hand part of the C(I, 40 years old) of the victim C(I, I, as the front-hand part of the C).

Ultimately, even though the Defendant, in a situation where normal driving is difficult due to the influence of alcohol as above, was driving the said cruise vehicle, and suffered injury such as salt, tension, etc. in need of two weeks’ medical treatment, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (drinking) driven the above B cruise vehicle under the influence of alcohol 0.117% at a section of about 15km from the day before the Defendant’s dwelling in Gyeyang-gu, Seoul to the day before the Defendant’s dwelling in Incheon Gyeyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. A report on the detection of a primary driver;

1. An investigation report (the application of the above dmark formula) legislation.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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