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 record] On April 26, 2010, the defendant sent the juvenile protection case to the Chuncheon District Court as a crime of violating the Road Traffic Act (Driving without a license) and was subject to a protective disposition such as probation on December 23, 2010 by the same court.
【Criminal Facts】
1. Around 23:00 on August 18, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving an Estststun vehicle at approximately 2 km from the roads near the Cju shop located in Jeju-si to D in Jeju-si while under the influence of alcohol by 0.144%.
2. On August 18, 2020, the Defendant is driving a three-lane road prior to the Jeju Special Metropolitan City Mayor on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by accident) and the Road Traffic Act (the measures not taken after the accident) in a manner of under the influence of alcohol with a three-lane degree of blood alcohol concentration of 0.14% at the Jeju Special Self-Governing Province, and driving a rocketing or other car with a one-lane from the F
The lanes have changed to two lanes.
In such a case, there was a duty of care to prevent accidents by safely changing the tea line after examining whether there is a vehicle that intends to change the lane without alcohol to a person engaged in driving of a motor vehicle.
Nevertheless, the Defendant, under the influence of alcohol, does not properly examine whether there is a vehicle driving a vehicle in a state in which normal driving is difficult due to the influence of alcohol, and immediately passes two lanes from one lane to three lanes, and proceeds from two lanes due to occupational negligence along which the Defendant normally proceeds along the two-lanes of the victim H(34 years old) driving along the two-lanes. The front part of the vehicle in the direction of the Defendant’s driving is sufficient to the right side of the said rocketing car, and the victim needs to receive approximately six weeks of medical treatment.