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
[criminal history] On March 26, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws (drinking driving) at the Daegu District Court on March 26, 2010. On April 5, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. in the Daegu District Court Kimcheon support, and was sentenced to imprisonment with prison labor for ten months and two or more years of suspension of execution.
[Criminal facts] The Defendant is a person who is engaged in driving of a Class C and C cargo vehicle.
1. On October 16, 2017, the Defendant driven the above cargo while under the influence of alcohol content of about 0.169% from a distance of about 400 meters to the tiny agricultural cooperatives located in the same Ri, located in the live Eup located in the live Eup in the lurg-gun, lurg-gun, Gurg-gun.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
2. On October 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the measures not taken after an accident) led the Defendant to turn to the left from the blurg-gun D, B, and B, an intersection in front of the E, while under the influence of alcohol concentration of 0.169% in blood on October 16, 2017.
In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.
Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left without neglecting it and received the back right part of the passenger car F(F, 25 years old) driving G in the front of the said cargo vehicle from the front side of the said cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant’s car is worth KRW 1,100,038.