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
On February 3, 2015, the Defendant is a person who is engaged in driving Cone Star Vehicles. On February 3, 2015, at around 03:42, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.124%, and 19km points in the direction of the airport of the New Airport Highway in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, along the direction of the airport of the New Airport Highway 19km in the direction of the new airport Toluth, the two-lanes.
In such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent the accident in advance by driving the motor vehicle in a safe way by keeping the front side and the left side well and safely.
Nevertheless, the Defendant neglected this and changed the vehicle line from the first to the fourth lane due to the negligence of driving, and caused the victim D(33 years old) to move off the vehicle by following the EM vehicle in the victim D(33 years old) driving at the fourth lane, and caused the above EM vehicle to go back by the front part of the Defendant’s vehicle, and caused the above EM vehicle to go back to the right side by the shock.
The Defendant, due to such occupational negligence, committed suicide without immediately stopping and providing relief to the victim, even though it was difficult for the victim to repair the said Masp car at the same time, which requires approximately four weeks of medical treatment, and at the same time, it was destroyed to make it impossible to repair the said Masp car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The actual condition survey report, the circumstantial statement of a master driver, and the report on detection of a master driver;
1. Certificate of diagnosis (record No. 36 pages) and certificate of acceptance of scrapping;
1. Application of Acts and subordinate statutes to damaged vehicles and photographed vehicles;
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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.