특정범죄가중처벌등에관한법률위반(도주차량)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
The Defendant was engaged in driving a B-Epurt Motor Vehicle.
On August 5, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.148% 0.148% while under the influence of alcohol around August 22, 2013, and driven the two-lane of the two-lane road on the street from the solar apartment street street in Pyeongtaek-si and Seo-si.
In such a case, although a person engaged in driving of a motor vehicle has a duty of care to examine well the right and the right and the right of the motor vehicle, he/she did not discover the victim C (39 years old) who crosses the road from the left side of the running direction due to negligence while neglecting the duty of care.
As a result, even though the Defendant suffered from a salt, tension, etc. in need of treatment for about three weeks, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written statements of D;
1. A medical certificate;
1. A traffic accident inspection report, traffic accident occurrence report, accident site, and photograph of the accident vehicle;
1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;
1. Relevant Article 5-3 (1) and (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 (1) of the Road Traffic Act concerning the crime, the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case in sentencing of Article 62-2 of the Criminal Act is committed against the victim while the defendant was driven under the influence of alcohol.