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 became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of Choman vehicles.
On September 30, 2012, at around 16:45, the Defendant driven the above vehicle while under the influence of alcohol 0.21% of the blood alcohol concentration, and proceeded the melting intersection road located in the meltyangdong at the time of the government with both sides from the jurisdiction of the District Court to the two sides, and turn to the left.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to live well before and after the vehicle, and to prevent the accident from being delayed.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at a two-lane due to the negligence of the two-lanes, received the left side of the victim D (ma, 57 years old) driving E in the direction of the Defendant’s driving vehicle.
As a result, the Defendant, through the above occupational negligence, escaped without taking necessary measures, such as immediately stopping the damaged vehicle and providing rescue to the victim F (F) and G (F) who is the passenger of the victimized vehicle, requiring approximately 3 weeks of medical treatment. At the same time, the Defendant: (a) destroyed the damaged vehicle to damage the 516,765 won of repair cost; and (b) destroyed the damaged vehicle to rescue the victim by immediately stopping it.
Summary of Evidence
1. Defendant's legal statement;
1. Part of statement D in the second protocol of interrogation of the accused against the police;
1. Written statements prepared by D;
1. Traffic accident report, investigation report, report on detection of a drinking driver, and report on the status of a drinking driver;
1. Each written diagnosis and written estimate;
1. Application of Acts and subordinate statutes governing the site and accident vehicle photographs;
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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime at issue;
1. The Commercial Concurrent Crimes Act.