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(영문) 대전지방법원 서산지원 2017.08.24 2017고단189
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of one year 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 BF rocketing car.

On November 23, 2016, the Defendant driven the said car under the influence of alcohol level of 0.147% from blood transfusions on November 23, 2016, and driven the front road in Jin-si C from the former terminal to the Agricultural Cooperative Federation at an insular speed.

At night, the Defendant was at night, and the Defendant was proceeding following a FSpo drive by the Victim E (V, 45 years old). In such a case, there was a duty of care to prevent accidents in advance by keeping the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and accurately operating the steering and the system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it and was driven by the victim E prior to the same breath of the car in front of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim E, such as salt, tensions, etc. of a string of the string of the spath, and suffered injury to the victim G (V, 21 years old), who was on the string of the spath vehicle, for about two weeks of treatment, such as spathum salt, tensions, etc., and escaped without immediately stopping the damaged vehicle so that 760,670 won can be repaired, and without taking necessary measures such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer with respect to E, and a G statement;

1. The actual survey report and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the time after the accident occurred).

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