특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten 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 rocketing car.
On January 25, 2017, while under the influence of alcohol 0.161% during blood transfusion, the Defendant driven the said car, and parked the road adjacent to the D cafeteria located in Seo-gu Daejeon, Seo-gu, Daejeon along four-lanes from the direction of the direction of the change, and proceeded with the U.S. at a speed that makes it impossible to identify the speed of the direction of the change.
In order to make an intern to a place where a U.S. is prohibited due to the central line, there was a duty of care to operate safely by accurately operating steering gear and brakes at a designated place.
Nevertheless, the Defendant neglected to do so and led the victim E (21) driving along the same direction by negligence, which led to the two-lanes of the same direction, conflict with the right side side of the c 125cc two-wheeled vehicle into the left side side part of the c pents of the above two-wheeled vehicle, making the above two-wheeled vehicle go beyond the opposite one lane.
Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt, tensions, etc. of the bones of neck, which requires medical treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle and escape without taking measures such as aiding the damaged person, even though property equivalent to approximately KRW 3,141,000 is damaged.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the report on detection of the primary driver;
1. Application of each Act and subordinate statute stated in a written diagnosis and written estimate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)2 and 44(1) of the Road Traffic Act concerning the crime;
1. Between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of Road Traffic Act (Article