특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 23:50 on January 28, 2014, the Defendant driven a DNA car under the influence of alcohol with approximately 7.5 meters alcohol concentration of about 0.150% from the 7.5km section to the Defendant’s house located in Songpa-gu Seoul Metropolitan Government, around January 29, 2014, from the road near Sungdong-gu, Seongdong-gu to the next day.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) is a person who is engaged in driving a DD car.
Around 23:50 on January 28, 2014, the Defendant driven the said car while under the influence of alcohol, and led to the roads of three lanes 48 lanes in Seongdong-gu Seoul Metropolitan Government toward the opposite side of the bend island on the side of the sexual zone, leading to an insular speed.
At the time of night, a person engaged in driving service has a duty of care to reduce speed and to prevent accidents in advance by driving while living well on the front.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and thereby neglected to do so, received the victim E (the aged 40) who dried a road from the right side of the proceeding to the left side of the road.
Ultimately, even though the Defendant suffered from an injury, such as a 10-day frame, etc., due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking measures, such as aiding and abetting the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. A report on a traffic accident, a police vehicle, and an on-site photograph;
1. Supplementary statements and investigation reports on the occurrence of the F's traffic accident (G phone statement of a shote);
1. A place of measurement of drinking alcohol, a place of measurement of drinking-powered driving, a report on actions taken by the driver, and a report on investigation;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.