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 a period of 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 B car.
On November 3, 2017, the Defendant driven the said car under the influence of alcohol content of 0.099% among blood transfusions on November 3, 2017, and led the Defendant to drive the said car along the influence of alcohol level of 0.09%, according to three-lanes from the right side of the upper high school to the right side of the right side of the Gyeongnam-do, the upper middle school shooting distance of 61 at the right side of the port high school.
At the same time, the signal was an intersection where the signal was installed, and the driver of the victim C (the 43-year-old driver) stopped in the atmosphere by the signal signal, so there was a duty of care to prevent the accident in advance by accurately manipulating the steering direction and the brake system with the driver of the vehicle.
Nevertheless, the Defendant’s negligence, while neglecting to do so under the influence of alcohol, led to the Defendant’s failure to drive the said vehicle, and subsequently, the part of the Defendant’s driver was the front part of the said car.
Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt ties and tensions that require treatment for about three weeks, and, at the same time, escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the injured party, even though the Defendant destroyed and damaged the vehicle to use approximately KRW 1,573,284 for the repair cost, such as exchange of the vehicle with the driver.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Reports on traffic accidents and photographs of accident vehicles;
1. Report on the occurrence of the case;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Articles 148-2 subparag. 3 and 44 subparag. 1 of the Road Traffic Act (the point of drinking), Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of drinking) and Article 148 of the Road Traffic Act concerning criminal facts.