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(영문) 청주지방법원 2013.03.28 2012고단2657
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On June 3, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for special larceny, violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on December 23, 2011. On December 23, 2011, in the same court, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud, aiding and abetting criminals, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Road Traffic Act (Unlicensed Driving) and completed the execution of the sentence in the Youngju Prison on August 27, 2012.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-ro car.

On November 24, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.121% 0.1%, while under the influence of alcohol around 07:30 on November 24, 2012, and led it to the foreign language high school from the side of the Cuk-gu Hung elementary school in the Buk-gu Hung-gu, Chungcheongnam-gu.

The location is where a signal, etc. is installed, so in such cases, there was a duty of care to safely proceed with a person engaged in driving of a motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and got the part on the left-hand side of the victim C(62 years old) driving in accordance with the straight line from the right-hand side to the left-hand side in the direction of the defendant's running due to the negligence in violation of the signal.

As a result, the Defendant suffered injury to the affected party, such as catitis that requires treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the injured party and without taking necessary measures, such as providing rescue to the injured party, even though the said vehicle was damaged by KRW 2,524,067.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A statement prepared by the F;

1. A written diagnosis and written estimate;

1. On-site photographs, black stay photographs, photographs of vehicles;

1. A previous conviction in judgment:

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