특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around March 27, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), while under the influence of 0.073% of blood alcohol concentration on March 23, 2020, the Defendant driven a Blasat 2.0 TID car and driven a three-lane road in front of the Goyangyang-gu Seoul Metropolitan City along one-lane from the shooting distance in front of the Goyang-gu Police Station.
At the time, there was a night and a place where the center is installed, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and went to the left part of the instant passenger vehicle by the victim D (Nam, 24 years old) who was frighting to the center line due to the negligent negligence, and was driven by the victim D (Nam, 24 years old) with the left part of the instant passenger vehicle.
Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as “finites and tensions,” which requires approximately two weeks of medical treatment, and at the same time, destroyed the above damaged vehicle to have an amount equivalent to KRW 4,086,544, and went away without taking necessary measures, such as providing relief to the victim, while immediately stopping the vehicle.
2. On January 22, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act from the Suwon District Court on January 22, 2014.
On March 27, 2020, at around 23:05, the Defendant driven a Pasat 2.0 TID car under the influence of alcohol leveling from approximately 48 km to about 0.073% of blood alcohol level on the road near the 365 short-distance basin, in terms of the san-gu, Seoyang-gu, Pasat 3.0 TID car.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The actual condition survey report;