특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[criminal history] On October 26, 2007, the Defendant was notified of a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Jinju branch on the part of the Defendant, and was notified of a summary order of KRW 1 million as a fine from the Ulsan District Court on January 10, 201.
[Criminal facts]
1. On February 22, 2018, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle at approximately 1km from the road near Ulsan-gun B Park in Ulsan-gun, Ulsan-gun, to C Studio parking lot, while under the influence of alcohol content of 0.133%, among blood transfusion around 23:00.
Accordingly, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol not less than twice.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the measures taken after an accident) led the Defendant to drive a motor vehicle listed in paragraph (1) around 23:5 on February 22, 2018 and proceed to G direction at the room of the mountain post office located in Ulsan-gun E, Ulsan-gun.
Since the place is parked on the road, and at night, the driver of the motor vehicle has a duty of care to prevent accidents in advance and safely drive the steering gear and brakes by accurately operating the steering system and brakes.
Nevertheless, the Defendant neglected to do so and did not 0.133% alcohol content while under influence of alcohol while driving the vehicle, and did not breathly, and did not discover the victim H(16) driving on the front side of the said vehicle due to negligence, which she driven the vehicle, and did not discover the front part of the said breath as the front part of the said vehicle.
Defendant 1 suffered injury to the victim, such as approximately 12 weeks of brain death, etc., due to such occupational negligence, and at the same time, Defendant 2,235,00 won of repair expenses were damaged to the victim, but the victim was immediately stopped.