특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for a term of one year.
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.
Punishment of the crime
1. The defendant is a person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after an accident).
A. On June 11, 2017, the Defendant driven the above cargo while under the influence of alcohol level of 0.179% in blood, and proceeded one-lane in front of Nignnam-si C, Sungnam-si, one-lane from his church to the superforest underground roadway.
At the time, there were nights, and there were parked vehicles on the street, so there was a duty of care to prevent accidents in advance by accurately manipulating and operating the steering wheel system, brakes, and other devices to prevent the parked vehicles to those engaged in driving business.
Nevertheless, the Defendant neglected the above duty of care and neglected so-called so-called “the victim D, who was parked on the right side of the freight of the Defendant, due to the negligence of the Defendant’s negligence, and was parked on the right side of the freight of the Defendant, and was able to take all the fences after the left side of the car, as the front part of the freight of the Defendant.
Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the said car owned by the victim to the extent that the amount of KRW 4,019,995 is equivalent to the repair cost, but did not immediately stop, and escaped without taking necessary measures.
B. Around 01:40 on June 11, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, and driven the two-lane road in front of the site for the 1612 Mannam-si, Sungnam-si, Sungnam-si, with one-lane speed from the port side to the Mannam-do.
At the time, since the vehicle is at night and there is an intersection in the front, the driver of the vehicle is obliged to check the front side and stop the vehicle, and to reduce the speed by properly operating the steering direction and brake system of the vehicle, thereby preventing the accident in advance.