(영문) 전주지방법원 2017.12.05 2017고단1860

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(영문) 전주지방법원 2017.12.05 2017고단1860

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle at C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and in violation of the Road Traffic Act (not on the Aggravated Punishment,

On June 23, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.210% during blood transfusion on June 23, 2017, while driving the said car in a state that it is impossible to drive the car normally due to the influence of alcohol level 0.210%, and driving the road that is located on the site of Kim Jong-si in the city of Kim Jong-si into Kim Jong-do.

At that time, there is a center line of yellow solid lines, so in such cases, the driver of the vehicle has a duty of care to protect the center line for the person engaged in driving the vehicle, and to accurately manipulate the steering direction and brake system, and to prevent the accident.

Nevertheless, the Defendant was negligent by failing to perform the above duty of care due to the influence of alcohol, and thereby going beyond the median line, and the Defendant got 3 freight cars of the victim D (Y, 33 years old) driving on the opposite lane and suffered injury, such as cerebral wave, etc. with no wife in two opens where treatment for about three weeks is required for the victim. At the same time, the Defendant went away from the site without taking measures such as destroying the said freight cars to repair the 4,199,67 won and aiding the injured person.

2. The Defendant was driving a motor vehicle under the influence of alcohol level 0.210% while under the influence of alcohol level 0.210%, without obtaining a driver’s license on the road located in the 6km section from the date of the instant 1.m. on which the Defendant had driven the motor vehicle under the influence of alcohol level 0.210% from the date of the instant 1.m. to the place under the said 1.m. location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The aggravated punishment, etc. of specific crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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