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 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 a vehicle B. D.
1. On January 30, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Act on Traffic of Roads (or the measures not taken after an accident) driven the said vehicle in the direction of the national salary tunnel in front of an elementary school at the upstream of the front of the Seoul-ro 210-5, 210-5, 200: (a) the Defendant was under the influence of alcohol level of 0.157% during blood transfusion around 23:0 on January 30, 2018.
At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance.
Nevertheless, the defendant neglected this and proceeded with the center line as it is, and the defendant conflict with the previous part of the D Village bus operated by the injured party C(45 Do) with the front part of the Defendant's vehicle.
Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of treatment, and suffered injury to the victim E (18 Does) on board the damaged vehicle, such as catum dump dump dump, etc. requiring a day-time treatment, and at the same time, destroyed the damaged vehicle owned by the Gesung Transport Co., Ltd. to have approximately KRW 3,502,00 of repair cost, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victims.
2. Defendant 1, while under the influence of alcohol level of 0.157% during the influence of alcohol level at the border of the above paragraph 1, driven a B-A-D car at the section of about 12 km up to the front of an elementary school, 210-5, both from the front of the Seoul East-dong Station, Gangnam-gu, Seoul, to be excluded from the flow of the Seoul Dongjak-dong Station and were able to drive the B-A-D car at the section of about 12 km up to the front of the elementary school.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The actual survey report, each.