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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving a car in the field B.
On September 10, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.147% 0.147% around 19:40 on September 10, 2019, and led the front road of Gwanak-gu in Seoul Special Metropolitan City to proceed along the two-lanes between the two-lanes of the eronom distance.
Inasmuch as the driving of the victim D (ma, 69 years old) was followed by the EM7 car of the victim D(ma7 years old) driving, the person engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle by examining well the left and right of the vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle on the part of the victim's driver's vehicle following the driver's vehicle due to negligence while neglecting the duty of care in front of the driver's vehicle.
Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as salt, tensions, and so on inception that requires the above victim D’s treatment for about five weeks, suffered injury to the victim F (n, 67 years old) who is a passenger of the above SM7 car, such as salt, tensions, and so on for about five weeks of treatment, and escaped without taking measures such as destroying the above vehicle to the extent that the SM7 car is scrapped at the Dong and stopping the vehicle to the extent that it is scrapped, and saving the victims.
2. Around 19:40 on September 10, 2019, the Defendant driven a B Sti-type car under the influence of alcohol with a blood alcohol concentration of about 0.147% at a section of approximately 1.3km from the New Twit-gu Seoul Metropolitan Government (Seoul), to the front road of Gwanak-gu in Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Traffic accident report, investigation report on the control of drinking driving, investigation report on the results of the control of drinking driving, and report on the investigation (report on the circumstances of drinking drivers);