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(영문) 울산지방법원 2018.04.12 2018고단458
특정범죄가중처벌등에관한법률위반(도주치상)등
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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. The Defendant is a person engaged in driving a passenger car B i30.

On October 27, 2017, the Defendant driven the said car under the influence of alcohol content of 0.120% in blood around 06:20 on October 27, 2017, and became to turn to the left inside the said apartment complex on the front of the wall apartment 12-1, Seosan-gu, Yangsan-si.

At the time, the bicycle of the victim C(74) driving is entering the road in the apartment complex, so in this case, there was a duty of care to safely drive the vehicle by properly manipulating the steering system and operating the vehicle.

Nevertheless, the Defendant, while neglecting the influence of alcohol and entering the apartment complex as it is, got the victim's bicycle driver's bicycle in front of the Defendant's vehicle and let the victim go beyond the floor, thereby getting the victim to suffer about 2 weeks of medical treatment, and escape without any measure.

2. The Defendant driven Bi30 automobiles under the influence of alcohol content of 0.120% in blood at the date, time, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs and CCTV photographs;

1. A survey report and a diagnosis report on actual conditions;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act / [Selection of imprisonment]

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order does not take relief measures against traffic accidents while driving under the influence of Defendant, and leaves the site as it is, and is not minor.

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