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
1. Violation of the Act on the Aggravated Punishment of Specific Crimes (in the case of a violation), the Defendant is a person who is engaged in driving cars of C bargaining automobiles.
On April 14, 2018, around 12:07, the Defendant, at the Busan Gangseo-gu Science Group 2:20, a 35-laned 20, a 108-dong apartment space, led to the maintenance of the entrances of apartment houses, which is located in the 108-dong apartment space.
In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.
Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in proceeding while driving in front of the direction of the marina course, was driven by the victim D(the age of 38) drive E in front of the direction of the marina course as the Defendant’s driver’s driving car.
In order to confirm the accident, the victim set off from the vehicle to the defendant's driving car, and the defendant operated the above-learning car, leading the victim to the operation of the driver's car, leading the victim to the other side of the driver's seat, and escaped as it is.
Ultimately, even though the Defendant suffered injury to the victim, such as an over three weeks of medical treatment, due to the above occupational and practical injury, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.
2. Defendant 1 driven the said car under the influence of alcohol level of 0.104% at the same time and at the same place as above 1, at the same time and at the same place.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident investigation report, a statement on the circumstances of the driver involved in the driving, a report on detection of the driver involved in the driving, and an investigation report;
1. A medical certificate;
1. Application of Acts and subordinate statutes regarding field photographs, verification sources of automobile insurance subscription, 112 case management marks, driver's license registers, tea inquiries, and mandatory insurance;
1. Relevant Articles of the Act and specific crimes concerning the crime.