(영문) 서울북부지방법원 2015.09.17 2015고단2403

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(영문) 서울북부지방법원 2015.09.17 2015고단2403

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. The defendant is a person engaged in the business of driving DMW automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, and the Road Traffic Act;

On May 31, 2015, at around 08:10 on May 31, 2015, the Defendant driven the said car with blood alcohol concentration of 0.149% o.149% in front of Dongdaemun-gu Seoul, and driven the said car into the first lane from the string distance to the private distance in the East market, while changing the lane to the second lane.

In such cases, the driver has a duty of care to take the front and the right and the right and the right and the right and the right and the correct operation of the brakes, steering system, etc. to prevent accidents in advance.

Nevertheless, the Defendant, by negligence, neglected to do so while under the influence of alcohol, went into the front part of the passenger car driving by the victim F (the 44 years of age) who is running in the second lane, with the front part of the passenger car driving by the Defendant.

Ultimately, the Defendant, by negligence in the above business, immediately stopped the victim F to take measures such as aiding the victim and aiding the victim, even though the victim H(22 years old), who was on the back seat of the taxi driven by the victim, had been on the victim H (22 years old), requiring a two-day medical treatment, and suffered a climatic base requiring two-day medical treatment to the victim I (22 years old), and at the same time, had the victim I (1,190,090 won for repair expenses, damaged the victim's taxi to take about KRW 1,190,090 for repair expenses, and failed to take measures such as aiding the victim.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said DMW car without mandatory insurance at the above date, time, and place.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The police statement concerning F;

1. Written statements of J, H and I;

1. A report on detection of a host driver;

1. Photographs of vehicles;

1. The report of internal history image images.

참조조문

-도로교통법

-자동차손해배상 보장법

-특정범죄 가중처벌 등에 관한 법률

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