특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 10, 2019, the Defendant issued a summary order of KRW 12 million as a crime of violation of the Road Traffic Act at the Daejeon District Court's Branch on November 18, 2019, on the grounds that he/she was driving under influence of alcohol.
1. The defendant is a person who drives B K3 cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).
On November 13, 2019, around 13:50 on 13:13:50, the Defendant proceeded with the two-lane roads near the 34th parallel of the national highways in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-do at a speed that would not be known depending on the nature of the road from Jcheon-do to Sung-do.
In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle after accurately ascertaining whether or not the motor vehicle, etc. in the lane that he/she intends to change the lane and accurately manipulating the steering system and the brake system.
Nevertheless, the Defendant neglected this and changed the lane into two-lanes without a driver’s license while under the influence of alcohol with a blood alcohol concentration of 0.23% without a driver’s license, and the left-hand part of the motor bicycle driving on the two-lanes by the victim C (V, 51 years old) who was driving on the two-lanes, was shocked into the right-hand part of the said motor vehicle.
Ultimately, the Defendant, by the above occupational negligence, suffered from the victim’s impairment of the gymmetric body that requires treatment for about two weeks, and escaped without necessary measures, such as immediately leaving the said motorcycle to rescue the victim and confirming whether the victim was damaged, even though the above motorcycle was damaged by the repair cost of KRW 315,00.
2. Although the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) even though he had driven under the influence of alcohol as above, the Defendant was able to see the road in front of the road located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jin-gun, and undergo the same accident place as described in paragraph (1).