특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date of the final judgment.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (Non-accident) are those who are engaged in driving of BMW automobiles;
On November 11, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.055% of blood alcohol concentration around 02:00, and moved the distance ahead of the D convenience point in Incheon Gyeyang-gu, Incheon, from the boundary of the police station to the face of modern apartment protection area, to the right-hand side of about 10km in speed.
At that time, the victim E (the 63 years old) was driving on the two-lanes, so in such a case, there was a duty of care to live well before and after the vehicle driver and safely drive the vehicle to prevent the accident and prevent the accident.
Nevertheless, under the influence of alcohol, the Defendant neglected to observe the direction of the driving, and caused the part on the left side of the damaged vehicle to shock the part on the upper right part of the Defendant’s vehicle.
As a result, the Defendant suffered injury to the victim, such as salt and tensions, which require approximately three weeks of medical treatment by occupational negligence, and at the same time, destroyed the damaged vehicle so that it can amount to KRW 2,416,2370,000 of repair cost, and escaped without any necessary measures, such as providing relief to the victim, even though it immediately stops.
2. Around 01:20 on the same day as described in paragraph (1) of this Article, the Defendant driven the said vehicle under the influence of alcohol content of 0.05% from the section of approximately 1km to the same place as described in paragraph (1) of this Article, from around 02:0 of the same day, at around 01:20 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A statement of the occurrence of a traffic accident of F;
1. Actual condition survey report, traffic accident occurrence report, investigation report, accident site and various photographs;
1. The circumstantial statement of a drinking driver and the control of drinking driving;