특정범죄가중처벌등에관한법률위반(도주치상)등
1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a franchise-to-car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the award) and the Act on Special Cases concerning the Settlement of Traffic Accidents (or the case after an accident).
On December 04, 2016, the Defendant driven the above car at around 11:00 and proceeded along the two-lanes to the agricultural and fishery products market by going back from the boundary of the return luminous power station to the tin-side road located in the Busan Shipping Daegu.
In this case, a driver of a motor vehicle has a duty of care to prevent accidents due to safe operation according to road traffic conditions by properly operating the steering area and the steering system and accurately.
Nevertheless, the Defendant, while under the influence of alcohol level 0.183% in blood, was negligent in driving while driving the vehicle at one lane in front of the direction of the driving by negligence, received the back part of the right-hand part of the EM3 car driven by the Defendant, which was driven by the victim D (63 ) who was driving in front of the direction of the driving.
Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as salt pans, tensions, etc. of the shoulder pipe that requires approximately three weeks of medical treatment, and sustained injury on the brain pans, etc. that had been on board the said SM3 car, for approximately two weeks of medical treatment to the victim F (hereinafter referred to as 61 years of age) who was on board the said SM3 car, and, at the same time, escaped without taking necessary measures, such as stopping the said SM3 car to the extent that the repair cost, such as exchanging the back pans, was 684,352 won, and then stopping the said SM3 car to rescue the victim.
2. Defendant 1 continues to drive a franchise specified in the above paragraph (1) while under the influence of alcohol content of 0.183% ( zero-one-one-one-one-third percent) in the same time and place as indicated in the above paragraph (1) after the occurrence of the traffic accident.