특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for a term of one year and two 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. On March 07, 2013, the Defendant driven a C Hyundai Port II Cargo Vehicle on the part of the Defendant: (a) was negligent in the course of performing duties, where the Defendant neglected the Defendant’s duty of pre-cepting at a speed of about 30 km from the border to the central market level at a speed of about 10 km in the speed of 10 km, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul; (b) neglected the Defendant’s duty of pre-cepting at a speed of about 16:43 meters; (c) neglected the Defendant’s duty of care under the influence of alcohol; and (d) neglected the victim’s D (37 years of age) who walked on the right side of the road in the same direction; (d) proceeded with approximately 30 meters of the said cargo vehicle while the upper part of the victim’s body was remaining at the lower part of the cargo vehicle; and (e) did not immediately stop the said cargo vehicle, and (e) did so.
2. The Defendant, at the time and time indicated in paragraph 1, driven the above cargo under the influence of alcohol content of about 0.153% from the 200m section, from the 100-33, Yeongdeungpo-gu, Seoul, Seoul, to the front road of the exit 706-17, Daecheon-gu, Yeongdeungpo-gu, Seoul, through the above accident place.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E, F, and D;
1. The actual survey report (1, 2);
1. Accident site and vehicle photograph;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant too late reflects his mistake and that he agreed with the victim smoothly);
1. Order of community service;