특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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
[criminal history] On October 28, 2010, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court on October 28, 2010. On April 15, 2013, the Defendant was issued a summary order of five million won for the same crime in the same court.
[Criminal facts]
1. The Defendant is a person who drives Bone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”)
On January 6, 2017, the Defendant driven the above vans around 18:10, and proceeded from the direction of the rooftop-gu Eup the road in front of D in the Si of Gunsan to the pent-gu Eup.
At the time, the victim E (74) is driving ahead of the defendant's moving direction, so there was a duty of care to safely drive the vehicle and prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and did not properly look at the front, and received the front part of the said van as the front part of the said van by negligence.
Ultimately, the Defendant, by negligence in the above business, caused the victim to suffer injury to brain-dead sugars, etc., which do not have any wound in the two open periods where treatment is required for approximately two weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the victim by immediately stopping, even though it damages the repair cost equivalent to KRW 880,700, such as the exchange of the said light flag.
2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (dless driving) were driven by the Defendant in the state of alcohol alcohol 0.151% while under the influence of alcohol without obtaining a driver’s license from the front of the Defendant’s residence located in the Si/Gunn City F in the city of Masan, Sinsan, to the front of D.5km located in the same city of Sinsan, and without obtaining a driver’s license from around 2.5km.
In this respect, the Defendant was drunk.