특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of 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 a passenger car in B B B B B. B.
On June 30, 2020, the Defendant was under the influence of alcohol content of 0.184% from blood transfusion around 03:50 on June 30, 202, and the Defendant was under the influence of alcohol content of 0.184% from the 134-lane of Gangseo-gu Seoul Metropolitan Government.
In such cases, a person engaged in driving service has a duty of care to drive safely, such as being unable to drive a central line.
Nevertheless, the Defendant, who was under the influence of alcohol and neglected to do so, led to the failure of the center line, leading up to the direction of the proceeding by the negligence of the Defendant, which led to the collision of the victim C( South, 49 years old)'s driving in the atmosphere of the signal signal in accordance with the signals of the front line of the car, the front portion of the car's left-hand side was shocked in front of the left-hand side of the car.
The Defendant, by such occupational negligence, tried to inflict an injury on the victim C with salt and tension that requires approximately two weeks of medical treatment on the victim C, and suffered an injury to the victim E (the 45 years old) who is a passenger of the said passenger car at the same time, and at the same time, attempted to immediately stop the said passenger car and escape without taking necessary measures, such as providing relief to the injured party, even though it damages the 8,956,592 won of the repair cost.
Summary of Evidence
1. Statement by the defendant in court;
1. Results of the video verification by this court;
1. Statement made by the police against C;
1. Inquiry report on actual condition, on-site photographs, report on the situation of the driver in charge of driving, investigation report (report on the circumstances of the driver in charge of driving), and inquiry into the results of crackdown on drinking driving;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Article 148-2(3) of the Road Traffic Act concerning the crime.