(영문) 부산지방법원 2015.10.07 2015고단4000

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(영문) 부산지방법원 2015.10.07 2015고단4000

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six months.

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

1. Around 19:00 on April 17, 2015, the Defendant was driving a vehicle with low alcohol alcohol level of 0.09% under the influence of alcohol for about 50 minutes from a main station located in the Jeju-si, Kim Jong-si, Kim Jong-si, Busan-si.

2. On April 17, 2015, the Defendant is driving the said vehicle while under the influence of alcohol level of 0.09% around 19:45 on April 17, 2015 and driving the said vehicle on a three-lane road at a 16km distance from the center line of the central highway located on the east side of the Gyeongsan-si, Yangsan-si.

The course has changed to a two-lane.

In this case, there was a duty of care to inform the direction change in advance and to change the lanes safely by taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected the course and went into two-lanes of the victim D (Nam, 44 years old) driving with two-lanes in the same direction due to the negligence of changing the course, and received the left-hand side of the victim D(Seoul, 44 years old) driving.

At the same time, the Defendant suffered from an injury to salt and tension, which requires treatment for about two weeks by occupational negligence, and at the same time, caused damage to the damaged vehicle’s repair cost of KRW 585,928, such as the fishing of the damaged vehicle, but the victim gets away and raised, while continuously sounding the chill and continuously holding a window and sounding it, the Defendant escaped without any measure, such as going through the re-driving of the vehicle, while trying to set up the vehicle at the end of the two quarters point where it is impossible to set up the vehicle at the end of the two quarters, while driving the vehicle at the end of the two quarters.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution;

1. Statement of the police officer with regard to D, 1, and written statements prepared D;

1. A traffic accident report (1), accident site photograph, photograph of the damaged vehicle, photograph of the primary driver, report on detection of the primary driver, and circumstantial statement of the primary driver; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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