특정범죄가중처벌등에관한법률위반(도주차량)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 car with a Scoin even.
On September 18:55, 2013, the Defendant driven the said motor vehicle while under the influence of alcohol of 0.161% of blood alcohol concentration, and led to the road at the entrance of an emergency runway, at the time of permanent residence, at a speed of about 70km from the permanent residence to the direction of stability.
At that time, the Defendant: (a) had the victim C (V) driving 48 years old; (b) proceeded ahead of the vehicle; and (c) in such a case, the Defendant had a duty of care to safely proceed with the vehicle by sending the signal by a horn, etc. according to road conditions, and to prevent the accident by driving the vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and the part of the Defendant’s vehicle was overtaken by his negligence in close vicinity to the victim’s vehicle, which led to the front part of the Defendant’s vehicle in front of the victim’s vehicle.
As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence, and at the same time, destroyed the victim’s car to be repaired by KRW 1,567,886, such as the exchange of the front panion, and escaped without taking necessary measures, such as aiding the victim by stopping the vehicle immediately.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a report on detection of a host driver, a survey report on actual condition, photographs at the scene of an accident, a medical certificate, and a written estimate;
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 (2) 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. Selection of penalty: