특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a CS7 car.
On December 30, 2012, at around 01:34, the Defendant driven two-lanes in the direction of scattering distance from the direction of the North Korean rain road, the crosswalk in front of the New Capital Terminal in Daegu, Seo-gu, 0.067% under the influence of alcohol with a blood alcohol concentration of 0.067%.
At the time, the defendant discovered the victim D (the age of 32) who crosses the road to the right side on the left side of the crosswalk using the crosswalk, and therefore, the driver of the motor vehicle was obliged to pay a duty of care to check and drive the safety of the motor vehicle at sufficient intervals by reducing the speed and driving the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant had the victim go beyond the ground by receiving the victim's right-hand bridge in front of the left-hand side of the driver's car due to the negligence of driving the motor vehicle while under the influence of alcohol.
Ultimately, even though the Defendant’s occupational negligence caused death by the suspension of cardiopulmonary function due to the interruption of two frames, etc., the Defendant immediately stopped and escaped without taking measures such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report on actual condition, and a report on actual status of a driver;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-2 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that there is negligence on the part of the victim who illegally crossed at night under Articles 53 and 55(1)3 of the Criminal Act, and the fact that he has purchased a comprehensive insurance policy; and