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. The defendant is a person engaged in driving a passenger car B K5 in violation of the Act on the Aggravated Punishment of Specific Crimes.
On August 27, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.112% of blood alcohol concentration on 06:45, and proceeded three lanes in front of Mapo-gu Seoul with two lanes from the 2nd intersection of Sungsan to the red iron basin, and changed the lanes into three lanes.
In such a case, there was a duty of care to make changes in the vehicle line by operating direction direction, etc. to those engaged in driving of the vehicle, in advance of the change in the medical treatment, and by properly examining the traffic situation of the front and rear left-hand.
Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane to the right side of the vehicle, and was driven by the injured party D (the age of 66) who is proceeding three lanes, along the two-lanes on the left side of the Epis vehicle.
Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of medical treatment for about two weeks due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, driving B K5 cars while under the influence of alcohol of about 0.112% of alcohol concentration at the section of about 8km from the street in Seodaemun-gu Seoul Metropolitan Government to the front road in Mapo-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts.