(영문) 의정부지방법원 2018.01.31 2017고단4854

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(영문) 의정부지방법원 2018.01.31 2017고단4854

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and a violation of the Road Traffic Act (hereinafter referred to as a "measures after an accident") is a person engaged in driving a motor vehicle

On October 6, 2017, the Defendant driven the said car under the influence of alcohol content of 0.171% during blood transfusion 0.25, and proceeded at a speed of about 40 to 50 km per hour at a speed of about 40 to 50 km in front of the shooting distance in the 727 Jinan-gu, Seoul Metropolitan City at the southyang-si.

At the time, since it is night and a place where the passage of vehicles is frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the steering room and the right and the right and the right of the driver of the motor vehicle, and by accurately manipulating the operation of the brake and the steering gear.

Nevertheless, as seen above, the Defendant was negligent in failing to perform his duty at the front time while driving the said vehicle under the influence of alcohol so that it is difficult for the Defendant to drive it under the influence of alcohol and neglecting his duty at the front time, and received the back portion of the victim C(31) driving car which was stopped for the signal waiting in the front direction of the last time.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day medical treatment, and at the same time, the repair cost of KRW 897,818, such as the exchange of back panions, destroyed the above-learning passenger car and escaped without taking necessary measures as a driver, such as aiding the damaged person.

2. On October 6, 2017, the Defendant violated the Road Traffic Act (drinking) on and around October 23:25, 2017, the Defendant driven a B-to-purd vehicle under the influence of alcohol content of about 7km from the 7km section of alcohol to the 727rd Jinan City Gyeongyang-si, Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement 1.3

참조조문

-특정범죄 가중처벌 등에 관한 법률

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