특정범죄가중처벌등에관한법률위반(도주치상)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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 20:50 on October 17, 2018, the Defendant driven a e-mail vehicle under the influence of alcohol with a blood alcohol concentration of 0.085% from the front side of the Daejeon Pungdong-gu “Camrogate” to the vicinity of the same Gu from around 100 meters to around the same Gu.
2. The defendant is a person engaged in driving a vehicle as stipulated in the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.
The Defendant, while under the influence of alcohol concentration of 0.085% in blood alcohol of a vehicle with the date and time set forth in paragraph (1) above, driven the car as set forth in paragraph (1) above and proceeded with the three-lane roads near the same Gu D, along the same two-lanes from the future south intersection to the winter intersection.
At the time of night, there was a duty of care to thoroughly drive a person engaged in driving of a motor vehicle and to safely drive the motor vehicle in compliance with the rules of duty.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving, and the back part of the GM5 car was driven by the victim FF (the age of 48) driving, which was stopped for signal atmosphere in the same direction ahead of the same direction.
As a result, the Defendant suffered injury, such as salt and tensions, by occupational negligence, to the victim for about two weeks of medical treatment. At the same time, even if the repair cost, which cannot be known, such as the exchange of back panions, destroyed the said SM5 car and escaped without taking necessary measures, such as providing relief to the victim, even though it immediately stops.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to survey reports on the actual condition of an accident, site photographs, notification of the results of the drinking driving control, report on the situation of a drinking driver, investigation report (report on the actual condition of a drinking driver, telephone communications of witnesses), and medical certificate;
1. Criminal facts;