특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight 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
The defendant is a person who is engaged in driving of freight vehicles in Cribee.
On April 12, 2014, the Defendant driven the above cargo while under the influence of 0.123% of alcohol concentration at a 07:17:17: (a) and proceeded at a speed of about 50 km per hour at a speed of about 50 km per hour, towards the side of the Sin-si, Ulsan-gun, Ulsan-gun, Seosan-gun, and the road in front of the Sin-si, the Sin-si, Ulsan-gun, Ulsan-do, and the Dok-si.
In the same direction, the victim D(the age of 51) is driving ahead of the E-wing truck driven by the victim D(the age of 51), so a person engaged in driving service has a duty of care to safely proceed by sending the signal by a horn, etc. according to road conditions.
Nevertheless, the Defendant neglected to do so and negligently driven by the Defendant while driving the cargo on the right side of the cargo vehicle and received the parts adjacent to the driver's seat of the cargo vehicle.
At the same time, the Defendant, by its occupational negligence, tried to inflict bodily injury on the victim D, such as light fat, etc., which requires approximately three weeks of medical treatment on the victim FF (the 54-year old age), who was on board the said fat vehicle, suffered from each injury such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and, at the same time, attempted to stop the said fat vehicle without taking measures such as aiding the victim, even though the said fat vehicle damaged its repair cost amounting to KRW 834,208.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report and on-site photographs of the police;
1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;
1. A copy of a medical certificate, a copy of a medical certificate of injury, a copy of medical records, and a copy of the certificate of release;
1. Application of Acts and subordinate statutes to a copy of a written diagnosis and estimate;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.