logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.11.24 2016고단4436
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car by borrowing B.

On September 3, 2016, at around 18:25, the Defendant driven the above vehicle while under the influence of alcohol with 0.15% of alcohol content 0.15%, and runs one-lane from the parallel of Thailand to the parallel of Thailand.

A two-lane has changed into a two-lane.

In this case, there was a duty of care to prevent accidents by accurately operating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the defendant's negligence of neglecting this and proceeding in the same direction conflict with the part on the right side of the defendant's car, which is the part of the FM5 driver's left side of the victim E(30 years old) driving with the same direction.

As a result, the Defendant suffered injury to brain-dead, etc. requiring medical treatment for about two weeks, and at the same time, the Defendant escaped without taking necessary measures, such as destroying and damaging the said SM5 car to cover approximately KRW 1,794,950 as repair cost, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending sentence] (the escape after traffic accident) is the basic area (the escape after the injury) of the first category.

arrow