특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 9, 2016, the Defendant driven B Pool car with alcohol concentration of 0.124% while under the influence of alcohol during blood around 0:50 on April 9, 2016, and led the front side road of Gwanak-gu in Seoul Special Metropolitan City to run the string distance from the shooting distance at the office of the office of the office of the office of the office in distress.
In such cases, the defendant who drives a motor vehicle has a duty of care to prevent accidents due to his/her failure, such as taking the front side and the left side well, and accurately operating the brake and steering gear.
Nevertheless, under the influence of alcohol, the Defendant did not discover the victim D (15 years old) who walked on the top side of the operation of the said car due to negligence while neglecting the above duty of care, and received the victim as the front part of the said car.
As a result, the Defendant got injured by the victim of the injury, such as cutting the right frame, which requires treatment for about six weeks, but immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of a traffic accident prepared by D;
1. A traffic accident report;
1. Letters of arrest;
1. A certificate of the measurement of drinking alcohol, a report on the detection of drivers of drinking alcohol and a report on the circumstances of drivers of drinking alcohol;
1. Direction of vehicle photographs and moving routes of vehicles;
1. Vehicle booms and video CDs;
1. Investigation report (packer E phone statement);
1. The point of injury as indicated in the judgment: Application of Acts and subordinate statutes;
1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the said Act (within the scope of the punishment calculated by adding up the maximum term of the punishments prescribed for each crime);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria (the recommended punishment);