특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On July 31, 2018, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in Daegu District Court racing support.
【Criminal Facts】
1. The defendant is a person engaged in driving the B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On November 17, 2019, at around 20:05, the Defendant driven the above car and proceeded in front of the “D” restaurant in “D” restaurant in “D” at the time of racing with the yellow Park in the latter part of the E elementary school.
At the time, it was a place where pedestrians who are at night and without a sidewalk separate from the vehicular road are frequent. In such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol, and the driver of the motor vehicle has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering and brake system.
Nevertheless, the Defendant neglected this and got the victim F(n, 44 years old) who walked on the road as the right side of the said car driven by the Defendant while under the influence of alcohol content 0.201%.
Ultimately, even though the Defendant suffered from an injury, such as the bones, bones, face bones, etc., which requires approximately six weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.
2. The Defendant violated the Road Traffic Act (driving a sound driving) (hereinafter “H”) in the state of being under the influence of alcohol of about 0.201% from the 3km section from the front of the “H” restaurant located in G at the time of the temporary bordering as indicated in paragraph (1) to the I apartment road at the same time.
Accordingly, the defendant violated the prohibition of driving under the influence of alcohol not less than twice.