특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten 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
[Power of crime] The defendant is a person who received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court on June 26, 2007, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the same court on August 3, 2009.
[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B's lurged vehicle.
1. On November 28, 2017, the Defendant driven the said vehicle on the front section of the said parking lot, with a view to alcohol concentration of 0.091% under the influence of alcohol at around 22:20 on November 28, 2017.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (hereinafter referred to as an "accident after an accident") led the Defendant to turn to the left at an irregular speed in the direction of the entrance from the parking lot in the direction of 102, by driving the said vehicle under the influence of alcohol as stated in paragraph 1 at the time of the day set in paragraph 1 of this Article.
At the time, vehicles are located in night and in the apartment complex, so in such a case, the driver of the vehicle has a duty of care to care in advance to prevent accidents by accurately manipulating the steering direction and brakes.
Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol, and thereby discovered the Defendant’s vehicle at the left side of the running direction of the Defendant, thereby resulting in the Defendant’s driving D of the Victim C (W, 44 years old) driving on the left side of the Defendant’s vehicle.
Ultimately, the Defendant above.