특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight 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. A person who is engaged in driving of a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);
On December 3, 2014, at around 22:05, the Defendant driven the above vehicle in accordance with the three-lanes between the three-lanes from the three-lanes of the Chondo to the airside of the Chondo.
At the time, the defendant was in the front side of the vehicle driven by the victim C (the 40-year-old) and therefore, the defendant, who is engaged in driving, had a duty of care to safely drive the front side and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front part of the Defendant’s vehicle, thereby causing injury to the victim, such as salt, tension, etc. of a chill that requires treatment for about three weeks, and at the same time, the Defendant stopped immediately and escaped without taking necessary measures, such as providing rescue to the victim, even though the Defendant damaged the damaged vehicle, which requires treatment for repair costs of KRW 3,507,348.
2. The Defendant violated the Road Traffic Act (driving) driving a vehicle at a section of about 1k meters from the area from the area where the right to instigate the right at Suwon to the first school of the same line, while under the influence of alcohol with the blood alcohol concentration of 0.178% at the time specified in paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. An investigation report on the actual traffic accident and a report on the occurrence of a traffic accident;
1. A report on detection of a host driver;
1. A medical certificate (C);
1. Application of the Act and subordinate statutes to the investigation report;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Article 148-2 (2) of the Road Traffic Act.