특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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
1. The Defendant is a person who drives a B B B B-S car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and in violation of the Road Traffic Act (after an accident)
On August 27, 2017, the Defendant driven the above vehicle at around 09:10, and driven the above vehicle at around 09:10, the Defendant proceeded along the three-lanes from the gate of the plaza No. 11, Seoul Metropolitan-dong, which is located in the direction of the 7-lane above the upper rock at the time of influence, to the width of the stone.
Since the location is a three-distance intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as checking the front side and the right and the right and the right of the motor vehicle, and accurately operating the steering direction and the brake system.
Nevertheless, the Defendant neglected this and found the victim C(53) driving at the front of the same lane with alcohol content of 0.14%, which was in progress under the influence of alcohol while driving, late behind the same lane, and followed the bring, but did not stop, and received the part behind the damaged vehicle by the front part of the Defendant’s vehicle.
Ultimately, the Defendant, by occupational negligence, committed an injury to salt and tension that requires approximately two weeks of treatment, and escaped without immediately stopping the damaged vehicle and taking measures, such as aiding the damaged person, even though the Defendant damaged the damaged vehicle to move about KRW 4,810,00 of repair cost, such as exchange of pans, etc.
2. On August 27, 2017, the Defendant driven the said vehicle under the influence of alcohol by at least 0.144% of alcohol content in the front of the “nan other pote” road located in the 123-1 at the end of the net city from the mutual influence fluence, which is located in the summer-dong at the time of drinking around 09:5 on August 27, 2017, when driving the said vehicle under the influence of alcohol by around 30km.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. Notification of the results of the crackdown on the driving of alcohol and the statement of the circumstances of the driver who takes the driving; and