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 of a C Poter cargo vehicle.
On November 27, 2017, the Defendant, while under the influence of alcohol on 0.173% around 19:19, 0.17%, was driving on the three-lane road in front of the “E” located in Gangwon-gun, Seowon-gun, along two-lanes, using the two-lane roads near the Jinwon-si, Jin-si taxi located in the Jinwon-gun.
At that time, since it is near an intersection where no signal, etc. is installed at night and at that time, the driver had a duty of care to safely proceed after checking the right and the right and the right and the right of the driver prior to entering the intersection, and whether there is a vehicle driving on another road abutting on the intersection.
Nevertheless, the Defendant neglected this so under the influence of alcohol and proceeded to the right on the left side of the proceeding direction by the victim F (W, 44 years old) driving G M&A on the right side of the passenger car was the front side of the said passenger car.
As a result, the Defendant suffered from the victim’s strings of a chest chilling wall that requires the victim’s treatment for about two weeks due to the above occupational negligence, and at the same time, did not take necessary measures, such as stopping the victim and aiding the victim, even if the victim damages the above string car, which is the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A traffic accident report;
1. On-site photographs;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking), Articles 148 and 54(1) of the Road Traffic Act concerning the crime;
1. The crime of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes") is committed.