특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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.
Punishment of the crime
The defendant is a person who is engaged in driving of CP car.
On January 17, 2017, the Defendant driven the above-mentioned vehicle while under the influence of alcohol 0.105% during blood transfusions on January 23:16, 2017, and led the Defendant to proceed from the direction of transfer to the southwest of Suwon-gu.
At the time, since it is night and at a place, there was a duty of care to reduce speed and safely proceed with the vehicle line.
Nevertheless, the Defendant neglected this and went to the right before bypass, and went to the opposite lane due to the negligent negligence of the center line, and received the front ender of the victim E(52) driving with the highest driver's vehicle in front of the Defendant.
The Defendant: (a) caused each victim G (48) who was on board the said victim E and the damaged vehicle due to such occupational negligence to suffer from the injury of the climatic salt, etc. requiring approximately two weeks of treatment; and (b) at the same time, the Defendant destroyed the front c,308,000 won of the damaged vehicle to repair the c,308,000 won; and (c) did not immediately stop to rescue the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made in preparation of a letter of apology against E and H;
1. A written statement of the G production;
1. Application of Acts and subordinate statutes to a survey report on actual condition, the photograph related to the case, the circumstantial statement of the driver at the main place, each written diagnosis (E, G), and written estimate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point where an accident is not caused by his/her duty and actual injury);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment of Specific Crimes against E and G (domination) and a violation of Road Traffic Act (non-measures after an accident), and a punishment provided for in the Act on the Aggravated Punishment of Specific Crimes (domination) against E with the largest penalty).