특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu) driven a marina car under the influence of alcohol concentration of 0.088% on blood alcohol level on October 14, 2013, and proceeded two lanes of two lanes in front of 466-6, Jung-gu, Seoul, Jung-gu, Sin-gu, Seoul, with a speed of about 40 kilometers in speed from the elim-distance distance to the elim market remote distance.
At the time, the victim B (the 59-year old) was getting on a bicycle at the front of the defendant, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent the accident by accurately manipulating the steering direction and brake system.
Nevertheless, due to the negligence of neglecting this, the defendant's vehicle's right side and the sloping side of the victim's left side leg and side gate were shocked.
The Defendant, due to the shock above, suffered from a flaverization of fladrat, which requires approximately eight weeks of treatment to the victim, but failed to immediately stop and take measures such as providing relief to the victim.
2. The Defendant was under the influence of alcohol by 0.088% at the above date, at the above place, driving a 3 kilometer car at the Jinhodong-dong, Jungdong-gu, Seoul, Jungdong-gu, Seoul, to the road 466-6 front of 466-6.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
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) 3 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime (the point of driving sound, the point of driving sound, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;