특정범죄가중처벌등에관한법률위반(도주차량)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
The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.
On May 7, 2013, at around 20:25, the Defendant driven the above cargo while under the influence of alcohol of 0.113% with a blood alcohol concentration of 0.13%, and led to turn left at a speed of about 40km as soon as possible from the scopic distance at the scopic distance at the scopic seat of the Daegu Metropolitan City, Seo-gu.
At the time, the center line of the yellow-line is installed after the left turn, so in such cases, there was a duty of care to prevent accidents in advance by driving safely, such as thorough operation of the electric-line, keeping the electric-line, and making a left turn, etc. for those engaged in driving service.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D, who was in the signal atmosphere, with a view to driving the said intersection by neglecting his/her duties while driving the central line at the intersection of the educational distance from the intersection of the mountain road, with a part above the left side of the said cargo vehicle being driven by the victim D.
Ultimately, the Defendant, by negligence in the above business, sustained injury to the affected party during approximately two weeks of medical treatment, and at the same time destroyed the said car to the extent of KRW 3,3245,220 of the repairing cost, and escaped without taking necessary measures to prevent or eliminate traffic accidents and hazards or to rescue the injured party.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A written diagnosis and written estimate;
1. The actual condition survey report and each photograph;
1. A report on detection of a host driver and a circumstantial statement;
1. Investigation report (as regards the distance away from the scene after a suspect's accident, the following guidance statutes shall apply):
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking) and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.