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
The defendant is a person who is engaged in driving of the E-Mixed CR-V car.
On December 4, 2013, the Defendant, while under the influence of alcohol of 0.170% by driving the said vehicle at a blood alcohol level of 22:48, the Defendant shocked into the back part of the right side of the said mixed car driving by the Defendant, which was driven by the victim F (50 years of age) who was driving in the same direction along the two-lane due to occupational negligence, not operating the steering gear and brake device under the influence of alcohol, while driving the said vehicle along the three-lanes of the open-end tunnel between the open-end tunnel and the open-end tunnel, which is located in the open-end unit, and driving along the one-lane from the open-gu unit in the open-end tunnel.
Ultimately, the Defendant, by occupational negligence as seen above, committed an injury to the victim F and the victim H (the 32 years old), who is a passenger of the above victim F, for about two weeks of medical treatment respectively, but failed to immediately stop and take necessary measures, and escaped without taking necessary measures.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness H and F;
1. The actual condition survey report;
1. A report on the actual state of the driver;
1. At the time of the accident, the defendant and his defense counsel did not recognize that the defendant had shocked another person's vehicle at the time of the accident, and the victims did not have been at the location of the accident in this case, and even if the victim suffered bodily injury, the injury is caused by the second accident that caused the defendant's vehicle by blocking the defendant's vehicle course by driving the damaged vehicle after the accident in this case, and thus, the defendant's act does not constitute the crime of escape after the injury under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes.
The following circumstances are acknowledged based on the evidence examined by the court, namely, the instant case.