특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a car in B car;
On October 11, 2018, the Defendant driven the above car on the 18:25th day of October, 2018, and driven the two-lane road in the Nowon-gu Seoul Special Metropolitan City, Seowon-gu, Seoul Special Metropolitan City along the middle-lane road along the middle-lane road along the middle-lane road along the middle-lane road.
At the time, the Defendant, prior to the same direction, was followed by the DT car driven by the victim C(33 years of age). As such, the Defendant had a duty of care to prevent accidents by securing the safety distance with the vehicle in front, and by accurately operating the operation of the brake system, while maintaining the safety distance with the vehicle in front.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s driver’s license to drive the back of the said Tbluri passenger vehicle due to occupational negligence.
As a result, the Defendant, by occupational negligence, sustained injury, such as a brush and a shoulder crush, which requires treatment for approximately two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the Defendant damaged the brush car so as to bring about approximately KRW 1,430,000 for repair expenses.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 4 km section from the front side of the Gyeonggi-gu Seoul Special Metropolitan City E-gu, Sungnam-si to the front side of the Gyeonggi-gu, Geng-gu, Geongnam-si, Geng-si, Geng-si, Geongnam-si, while under the influence of alcohol with a maximum of 0.083% alcohol
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The circumstantial report on the driver, the investigation report (applicable to the Radart), and the actual condition survey report;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.