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 this judgment becomes final and conclusive.
Punishment of the crime
On May 21, 2007, the Defendant was issued a summary order of fine of one million won at the Busan District Court for a crime of violating the Road Traffic Act. On June 22, 2011, the Defendant was sentenced to a fine of two million won at the same court as the same crime.
Criminal facts
The defendant is a person who is engaged in driving a CM5 car.
1. On August 4, 2015, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.087% at a section of about 1 Kmn-dong, Sim-gu, Sim-gu, Busan, under the influence of alcohol, around August 22 and 25, 2015.
2. The Defendant violated the Acts in the light of the Aggravated Punishment, etc. of Specific Crimes and violated the Road Traffic Act (measures to be taken after accidents) was driving the said motor vehicle at a time and at the place specified in paragraph (1) and led to a speed of about 20 K km as soon as possible in the direction of the Western elementary school from the side of the valley.
Since there is a way to stop down, there was a duty of care to reduce speed and accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the defendant is under the influence of alcohol.
In addition, due to negligence of driving the vehicle, the victim D(W), who was temporarily stopped in the front section of the vehicle, was able to receive the E QM5 even door door of the victim D(W, 40 years old) driving.
Ultimately, the Defendant, by the above occupational negligence, suffered a shoulder fresh in need of treatment for about three weeks from the above victim D, and at the same time, destroyed the property equivalent to KRW 2,197,623, such as the repair cost, even though the door of the damaged vehicle, and escaped without immediately stopping and taking necessary measures, such as providing rescue to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to D or F;
1. Written statements prepared in D;
1. A traffic accident report, a photograph of the damaged vehicle, and a report on detection of the driver; and