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대전지방법원 천안지원 2018.04.20 2018고단70
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On December 22, 2017, the Defendant: (a) in violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (drinking driving) driven a B car while under the influence of alcohol of about 0.162% without obtaining a driver’s license in the section of about 1km from the front side of the original American parking lot located in the two-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; to the front road of the modern car in the same Dong, while under the influence of alcohol of about 0.162% without obtaining a driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the measure not yet taken after the accident) are those who are engaged in driving of B Kan-Paf car.

On December 22, 2017, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1 of around 22:3, the Defendant driven the said car, and driven the two-lane road in front of the D, in the north-gu, Seoan-gu, Seoan City, Seoan-gu, by driving it along the two-lanes of the said road from the far distance to the long distance of modern automobiles in the Ministry of Labor.

At the time, since it is night, there was a duty of care to prevent accidents in advance by emphasizing the front side and accurately manipulating the steering and brakes for those engaged in driving of motor vehicles.

However, under the influence of alcohol, the Defendant received the part of the Defendant’s front driver’s vehicle behind the right side of the GK9 car owned by the Victim E (50) who was under the influence of the Defendant’s negligence.

As a result, the Defendant got the victim E to suffer injuries, such as salt, tensions, etc., in need of approximately two weeks of treatment, and at the same time, destroyed the above K9 car so that the amount equivalent to KRW 1,657,070 of repair cost, and escaped without taking necessary measures, such as providing relief to the damaged party by stopping immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. A traffic accident report, a survey report on actual condition, a traffic accident occurrence report, and a statement on the circumstances of the driver involved in the driving;

1. Notification of the results of the drinking control;