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Reasons
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(영문) 대전지방법원 2012.06.28 2012고정185
특정범죄가중처벌등에관한법률위반(도주차량)등
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Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 18, 2011, the Defendant was under the influence of alcohol of 00:23% of blood alcohol concentration, and the Defendant driven the Crocketing passenger vehicle with three lanes of three lanes in front of the “Nanjaman car,” located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, with a flood sloped by the flood.

At the time, at night and at the front of the driver's vehicle, the victim D is driving in the front of the driver's vehicle, so the driver of the vehicle has a duty of care to keep the front door well and prevent the accident in advance by maintaining the safety distance with the front vehicle.

Nevertheless, the Defendant, while neglecting the remaining under the influence of alcohol, was negligent in proceeding with the Defendant’s driver’s vehicle in front of the victim’s driver’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, suffered from the Victim D and the Victim D Driving taxi F in light of clocks, etc. requiring approximately two weeks of treatment. At the same time, even if the said taxi was damaged to the repair cost of KRW 494,120, the Defendant left the scene of the accident without completing measures such as aiding the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. Each police statement made to D or F;

1. Traffic accident report, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after causing damage and destruction), and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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