특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for a term of one year and ten months.
Punishment of the crime
1. On August 18, 2017, the Defendant was issued a summary order of KRW 3 million by Daejeon District Court for the crime of violating the Road Traffic Act.
Nevertheless, at around 01:35 on March 19, 2020, the Defendant driven a Cunstun car under the influence of alcohol concentration of about 0.174% at the section of approximately 16 km from the 16km to the roads adjacent to the Jinjin Station located in Daejeon Seo-gu, Daejeon to the roads adjacent to the Daejeon Dong-gu, Daejeon.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in the operation of CRS cars.
On March 19, 2020, the Defendant driven the above vehicle on March 19, 2020, and proceeding the front road of Daejeon Dong-gu B from the off to the Ethic speed, and entered the red flickering signal at the intersection.
Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether a person engaged in driving the motor vehicle passes the intersection by reducing the speed and by checking well the right and the right of the road, and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.
Nevertheless, as described in paragraph (1), the part of the G K5 car driven by the victim F (F, South and the age of 26) who is driving on the right side from the left side of the moving direction due to the negligence of not examining the right side of the intersection by temporarily stopping from the stop line, even though it is a red on-and-off signal, as described in paragraph (1), while neglecting it, was driven by the driver, which was driven by the victim F (F, South and the age of 26).
As a result, the Defendant suffered injury to the victim, such as cerebrovasin in two opens requiring treatment for about two weeks by occupational negligence, and at the same time, there are repair costs equivalent to KRW 4,595,468 on the said victim’s vehicle.