특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving B rocketing car;
On June 10, 2019, the Defendant driven the said rocketing car on June 10, 2019, and changed the front road of the department store in Busan City to four-lanes while driving it along the three-lanes between the 5-lanes.
At the same time, since the other vehicle was in progress in the fourth lane, there was a duty of care to safely drive the vehicle by keeping the left and the right before changing the course.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing course and was driven by the victim D(the age of 37) who was going on a four-lane due to the negligence of changing course, and was driven by the Defendant on the right side of the said rocketing car.
Ultimately, the Defendant by occupational negligence inflicted injury on the victim D and the victim F (37 years of age) of the victim of the damaged vehicle for approximately two weeks in light of the climatic base and tension, etc., and at the same time, the Defendant did not immediately stop the damaged vehicle so that its repair cost would be equivalent to KRW 2,653,398, such as the exchange of cliths, and attempted to flee without taking measures such as providing relief to the victim.
2. Around 10:45 on June 10, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a B rocketing car under the influence of alcohol content 0.279% without obtaining a driver’s license from around 10:45 to the front road of H elementary school located in Seocheon-si G from the Incheon Bupyeong-si, and driving a B rocketing car under the influence of alcohol content 0.279%.
As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of drinking again.
(i) the evidence;