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 engaging in driving a rocketing taxi.
On July 8, 2013, the Defendant driven the said vehicle under the influence of alcohol level of 0.077% on blood alcohol level on July 8, 2013, and driven the said vehicle at a speed of about 40 km per hour at a speed of about 50 km in the vicinity of the KBS Broadcasting Station located in the Namcheon-gu, Busan.
Since there are a center line and a lot of vehicle traffic, the defendant, who is engaged in driving duty, had a duty of care to prevent accidents by safely driving the vehicle with the front line and the rear line and by safely driving the vehicle.
Nevertheless, the Defendant neglected to do so and went beyond the median line, and received the part on the left side of the D non- M&B motor vehicle operated by the victim C, who was in the atmosphere of signal at one-lane of the opposite part, in front of the left side of the vehicle of the Defendant.
As a result, the Defendant driven a vehicle while under the influence of alcohol, suffered injury to the victim, such as salt, tension, etc. in the part of the hand that requires approximately three weeks of treatment due to occupational negligence, and, at the same time, destroyed the victim's vehicle so that it can be damaged to the amount equivalent to KRW 5,950,000, such as the front penter, and escaped without taking necessary measures such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A written report from an employee of an employer;
1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act related to the crime, Article 5-3 (1) 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 concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;