특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who is engaged in driving a low-speed car B.
On August 21, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.194% 0.20% around August 21, 2020, and driven the said car at a speed of about 40 km per hour at a speed of about 60 km in the Geum River-ro 6-gil in Gyeonggi-ri, the front of the 6-lane 3-lane in the front direction from the solar slope to the air exhauster.
In this case, a driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the motor vehicle, and to accurately operate and safely drive the steering gear and prevent the accident from occurring.
Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and was driven by the Defendant’s negligence on the front side of the passenger vehicle driving of the victim C (Seoul, 71) who was under the influence of the Defendant’s vehicle driving at the front side of the vehicle driving.
Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately three weeks of medical treatment, and at the same time, the Defendant did not take necessary measures, such as destroying k5 private taxis owned by the victim to take approximately KRW 1,146,198 of repair costs, and escaped without providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Statement on the occurrence of traffic accident;
1. The actual condition of traffic accidents;
1. Application of Acts and subordinate statutes to a report on the scene of an accident and on the results of the control of drinking, driving, and circumstantial statement of a driver at the scene of an accident and a photographic video boom
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor for each choice of punishment;