특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not more than ten months.
except that 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 who is engaged in driving of a fwing cargo vehicle B.
On April 2, 2015, the Defendant driven the said car under the influence of alcohol level of 0.218% on blood alcohol level around 18:00, while driving it, and driving the said car in front of the D cafeteria located in the Jeonnam-gun, Jeonnam-gun, the Defendant driven one lane between the two-lanes of the same surface of the water frhurg, which is located in the yellow electric field.
At the time, the road was milched with rain, and there was a narrow road of one-lane, so the driver has a duty of care to safely operate the steering gear and the operation of the steering gear by reducing speed and properly operating the steering direction and the brake system by properly seeing the right and the right of the road.
Nevertheless, even though the Defendant was negligent in driving a vehicle under the influence of alcohol while driving a vehicle under the influence of alcohol, and suffered bodily injury, such as the impairment of the face of the vehicle in need of treatment for about two weeks, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to written reports on running a driver;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is that where a minor injury has occurred (including special mitigation) in the mitigated area (6-10 months) after a traffic accident, (6-10 months), (2) in the mitigated area (including special mitigation) (1-2), and (2) in the proviso of Article 3(2) of the Special Education Act.