(영문) 수원지방법원 안양지원 2014.05.30 2014고단463

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자간(%)

(영문) 수원지방법원 안양지원 2014.05.30 2014고단463

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional vehicle.

1. Around 00:35 on February 26, 2014, the Defendant driven the said vehicle at a section of approximately 2.5 km from the road at the heading (Gu) distance in the heading (Gu), which is located in the heading zone in the Dong-dong while he was under the influence of alcohol at a level of about 0.110%, to the front road of the heading elementary school in the same location.

2. Around 00:35 on February 26, 2014, the Defendant driving the said vehicle while under the influence of alcohol and driving the vehicle at a speed of about 40 km to the speed of about 60 km in front of the Howon Elementary School located in 79, a 623-lane 623-gil, according to the old light.

At the time, the center line of the yellow-ray is installed at night and there is a place where the yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive a central line and negligently, caused the Defendant to go beyond the floor by shocking the part on the left side of the Defendant’s car, which was 125cc driving of the victim D (the age of 31) who was under the direct influence of the direction of the Defendant’s vehicle in the opposite part of the driving direction.

The Defendant got injury to the victim, such as the left-hand sloak in need of treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the above sloak so that the total repair cost of KRW 1,240,000, such as the exchange of sloaks, may be damaged, and the Defendant escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate and estimate.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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