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
The defendant is a person who is engaged in driving a W123 motor bicycle.
On May 1, 2018, the Defendant driven the above vehicle while under the influence of 0.142% alcohol in the blood, without obtaining a driver's license, in front of the Gangseodong Center, which is located in Mapo-gu Seoul, Mapo-gu, Seoul. 58, and led the Defendant to drive the above vehicle in the influence of 0.142% in the blood, along the direction of the flow of the vehicle in the direction of the flow of the vehicle in the direction of the flow of the new village, along the one-lane between the two-lanes.
At the time, there was a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right
Nevertheless, the Defendant neglected to breath in the front of alcohol and failed to accurately operate the brake system in the front of the Defendant’s driving direction, thereby waiting for signal to the front of the Defendant’s driving direction, and being driven by the victim D(34 cm) who stopped, the lower part of the E-3 car driven by the Defendant as the front part of the motor device.
Ultimately, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, did not immediately stop the said victim’s car so that approximately KRW 1,679,437 of repair cost, and escape without taking measures, such as providing relief to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The application of Acts and subordinate statutes to a traffic accident report, vehicle photograph, statement report on the situation of the driver in charge, driver's license register, investigation report (Submission of a victim's diagnosis report and estimate), investigation report (the suspicion of escape of a suspect) and investigation report (the application of Acts and subordinate statutes);
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury from duty).