(영문) 수원지방법원 평택지원 2017.06.28 2017고단6

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(영문) 수원지방법원 평택지원 2017.06.28 2017고단6

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a civilian military employee belonging to D who is subject to the Korea-U.S. Administrative Agreement, and is a person who is engaged in driving a motor vehicle with Eclova 300 motor vehicles.

On December 9, 2016, the Defendant driven the said vehicle while under the influence of alcohol level of 0.159% during blood transfusion around 21:08, and driven the vehicle at a speed of 0.159% from the direction of the taxi platform in Pyeongtaek-si F, the Defendant driven the road of one lane on the right side of the D.

At the time, since the vehicle was parked at night and at the roadside, there was a duty of care to prevent the accident in advance by viewing the front door and left door and safely to the person engaged in driving of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was parked on the right side of the Defendant’s course by negligence while driving the GCA 110 engine bicycle, was parked on the right side of the Defendant’s course. While continuing to sail, the part on the front side of the victim H(59) drive of the victim H (59 years old) who was parked on the right side of the Defendant’s right side, and the part on the front side of the victim J(50 years old) driving of K5 Ka where the Defendant was driving on the right side of the Defendant’s vehicle was driven on the back part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victims, such as catum base, etc. requiring approximately two weeks medical treatment, and, at the same time, went away without taking necessary measures, such as immediately stopping the said K5 cab to ensure that 340,000 won of the repair cost is 479,268 won of the repair cost, and that approximately 1,443,165 won of the repair cost is able to repair the said cab.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and J;

1. The actual condition of the traffic accident (No. 1 of the evidence list) and the driver of the main vehicle.

유사 판례

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