특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Criminal facts
The defendant is a person who is engaged in driving a car in D.
1. Around December 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do Governor's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on Traffic of Roads (non-accident after an accident) led the Defendant to drive the said vehicle while under the influence of alcohol leveling to 0.134% during blood transfusion on December 15, 2017 and drive the said vehicle at a speed of about 50km from the area south of the education complex to the area south of the road in front of the Changwon-dong Changwon Hospital in the Changwon-gu, Changwon-gu.
Since it is at night at the time, a person engaged in driving of a motor vehicle has a duty of care to safely proceed along the central line while accurately operating the steering gear and steering gear.
Even so, Defendant 1 neglected to perform the above duty of care while driving a vehicle in a state where normal driving is difficult under the influence of alcohol as seen above, and caused the negligence of driving the center line over the Defendant’s driving direction, which led to the left side of Defendant E(47 S) driving on the victim E(S) who was in the signal waiting at the three-lane opposite direction, to the left side of Defendant 1’s vehicle.
Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as clocks, tensions, etc. requiring medical treatment for about two weeks, and at the same time destroyed the victim’s flock vehicle to repair the 1,506,888 won. However, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.
2. On December 15, 2017, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.134% from blood transfusion around 05:40 on December 15, 2017, led the Defendant to drive the said vehicle under the influence of alcohol level of 0.134% on the ground of paragraph 1 while flying from the accident as provided in paragraph 1.
In such cases, a person engaged in driving of a motor vehicle is well known.