특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
The Defendant is a person who is engaged in driving a EXE car.
On October 18, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.134% 0.134% around 01:40 on October 18, 2013, starting from the front of the “Fari-ri-riman House” located on the New Tri-dong, Yangcheon-gu Seoul Metropolitan Government, and proceeded with the fourth line road of the 4 line in the direction of the Gangseo-gu Office, Gangseo-gu, Seoul, along with two lanes from the direction of the Gi-gu Office to the Ki-ri-ri-ri.
At that time, the Defendant had a duty of care to prevent accidents in advance, such as taking into account the situation of the said taxi well before the driver of the vehicle, securing the safety distance to avoid the stop of the said taxi, etc., in the event that the said taxi stops, the Defendant had a duty of care to prevent accidents prior to the driving of the victim C(47 years old).
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving in a state where normal driving is difficult, and was placed in the front part of the said taxi, following the Defendant’s vehicle stopped to the signal atmosphere due to negligence, and was driven by the Defendant.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the crypitis that requires treatment for about three weeks, and at the same time, destroyed the 2,798,381 won, including the exchange of the above taxi, and escaped without immediately stopping the said taxi and taking necessary measures.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Reports on traffic accidents (1, 2);
1. Records of the measurement of drinking alcohol, reports on the results of such measurement, and reports on the actual state of drinking drivers;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 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), 148-2 (2) 2 and 44 of the Road Traffic Act.