특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two 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 Clearning car.
On November 16, 2016, the Defendant driven the said car under the influence of alcohol level of 0.121% from blood alcohol level among blood transfusion around 06:47, and led the Defendant to drive the said car along the two-lanes of two-lanes at the seat of the Daegu Po Highway located at a 10km flow line located at the direction of the Sinsan City in the direction of the Sinsan City.
In such cases, the driver has a duty of care to take the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance.
Nevertheless, the Defendant neglected this and received the back part of the victim D(52) EKati Bus which was prior to driving due to the negligence of driving the car, as the front part of the Defendant’s driving car.
Ultimately, the Defendant, by occupational negligence, destroyed the bus to repair KRW 1,189,49, and at the same time, destroyed the victim D with salt, tension, etc. for about two weeks of medical treatment, and sustained injury to the victim F (55 years of age) who is the passenger of the bus for about two weeks of medical treatment, but failed to immediately stop the bus and escape without taking necessary measures, such as providing relief to the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Each written diagnosis;
1. Application of the written estimate statutes;
1. Article 5-3 subparag. 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 and 54(2)2 and 44(1) of the Road Traffic Act concerning the criminal facts under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of drinking alcohol)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Punishment;