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(영문) 대구지방법원 경주지원 2017.06.28 2017고단247
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence 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 who is engaged in driving a new car with a C number plate attached to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) and a violation of the Road Traffic Act (after an accident).

On April 30, 2017, at around 02:00, the Defendant driven the said car on the street in the front side of the E in order to drive the said car, and was driven at a speed of unspeed speed in accordance with the two-lanes among three-lanes in the front side of the sale postal services route from the front side of the racing.

At the time, there were vehicles around the new wall time, which are in progress on the front side, so there was a duty of care to prevent the occurrence of the accident by driving the vehicle on the front and rear side and safely maintaining the safety distance with the previous vehicle.

Nevertheless, the Defendant neglected to do so and was under the influence of alcohol without a driver’s license, and was under the influence of the victim F(56) driving at the front of the road, and was under the influence of the victim’s Gysta taxi back part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the above victim F, such as brain salvine in need of treatment for about two weeks, and suffered injury to the victim H (69 taxes), such as salvinal base, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the above taxi to cover KRW 2,675,462, such as repair costs, such as fish salvine, etc., without immediately stopping the taxi and escape without taking measures such as providing relief to the victim.

2. On April 30, 2017, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license). On April 30, 2017, the Defendant: (a) was under the influence of alcohol 0.218% of alcohol content in the blood while under the influence of around 5km from the street in the vicinity of the apartment building located in the Yellow-dong of Sejong-si to the date, time, and place indicated in paragraph (1) from around 01:40 on April 30, 2017.

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