특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for 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.
Criminal facts
On August 25, 2017, the Defendant, who is engaged in driving a low-speed motor vehicle B, was under the influence of alcohol level of 0.108% in blood at around 22:00 on August 25, 2017, was driving from the north of the window of Changwon-si to the fluence of fluence in the north of the window of Changwon-si.
Since there is a center of separation, the person engaged in driving service has a duty of care to safely drive the center line.
However, the Defendant received the front portion of the Dunstren C(54) drive by the victim C(54) who is proceeding in the opposite part due to the negligence committed while driving in the central line, and driving in the opposite part.
As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as a long-term sexual intercourse, which requires treatment for about five months, and at the same time, escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the injured party, even though it damages the front offender, etc. of the vehicle in the highest typoid to the sum of 34,566,310 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A traffic accident report;
1. A report on the detection of a primary driver;
1. Application of the Acts and subordinate statutes to a written diagnosis and written estimate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after causing damage to goods), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. An order to attend a course;