특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment 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
The Defendant is a person engaged in driving CEX car.
On October 30, 2012, at around 19:50, the Defendant driven the said car with a blood alcohol concentration of 0.105%, and proceeded along the way ahead of the opium located in the Young-gu, Yasan-si with a single-lane of the 2-lane from the malo-distance flood slope to the airbama in the opposite side, while making the left turn to the left. Since there is a place where the yellow-ray central line is installed, the Defendant had a duty of care to thoroughly operate the vehicle in the front and to safely keep the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the center line by negligence, brought the front side part of the E-to-face driven by the victim D (the age of 16) who was under the influence of the vehicle into the right side part of the car.
Ultimately, the Defendant committed an injury to the victim, such as diversified gambling, which requires approximately two weeks of treatment by occupational negligence as above, and, at the same time, escaped without immediately stopping the lebane and taking other measures such as providing relief to the victim, so that the amount equivalent to KRW 2,05,00,000 of the repair cost is in excess of the repair cost.
Summary of Evidence
Application of Acts and subordinate statutes of the defendant's legal statement, police statement of D, main entry driver's report, diagnosis report, and written estimate
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Selection of imprisonment with prison labor;
1. Concurrent Crimes: the former part of Article 37 and Article 38(1) of the Criminal Act;