(영문) 대전지방법원 천안지원 2019.02.15 2018고단2669

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(영문) 대전지방법원 천안지원 2019.02.15 2018고단2669

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Unclaimed Measures after Accidents) are driving a vehicle B-hurd as its duties. On October 1, 2018, the Defendant driven the said vehicle while under the influence of alcohol of 0.120% of alcohol concentration in blood on October 1, 2018, and driven the said vehicle at the intersection of the statistical office distance of 92 statistical building distance from the northwest-gu, Seoan-gu, Seoul High School to the distance of horse race track by two-lanes.

On the other hand, the intersection has installed the signal of the colored vehicle, and in such a case, the driver of the motor vehicle has a duty of care to check whether the motor vehicle has a motor vehicle driving through the intersection by checking the front side well by temporarily stopping and to check whether there is a motor vehicle driving through the intersection, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to temporarily stop without temporarily suspending the same, did not immediately stop the said SM3 vehicle, and tried to rescue the victim or to confirm damage damages by immediately stopping the said SM3 vehicle, without taking necessary measures, such as providing relief or checking damage to the victim, after receiving the left side part of the EM3 vehicle driven by the victim D, who was in the straight line from the SM3 vehicle to Samsung T-F, which was driven by the victim D.

2. Around 04:10 on October 1, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.120%, and the Defendant was driving a B A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of police statement to D, J, and K 1.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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