특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not more than ten 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
1. Around 16:35 on October 31, 2012, the Defendant driving a c1 ton cargo vehicle under the influence of alcohol with approximately 10km alcohol content of 0.092% from the Defendant’s residence in the Gandong-gun B to the Gandong Maintenance Factory located in the same Dodong-Eup.
2. A person who is engaged in driving of cargo vehicles of the above C1 ton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.
On October 31, 2012, the Defendant driven the above vehicle on October 16:35, 2012, and proceeded at about 101 Gun roads, which are located in the name of the Sung-gun, Sung-gun, Gyeong-gun, Gyeong-gun, Gyeong-do, at the speed of about 60 km in Si/Gu, from the room at the seat of Sung-Eup.
Since there are one-lanes with a central line, a person engaged in driving service has a duty of care to safely drive the vehicle in line.
Nevertheless, the Defendant neglected to do so and received the left-hand side of the victim D(Y, 65 years old) driving, which was proceeding in the opposite part to the left-hand side of the said cargo vehicle due to the negligence of breaking the center line while driving under the influence of alcohol.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the Victim D and the Victim F (the 63 years old), who is the passenger of the victimized vehicle, respectively, for two weeks each time, such as salt, tension, etc. in need of medical treatment. At the same time, even if the damaged vehicle is damaged by the repair cost of KRW 2,200,000, the Defendant immediately stopped the vehicle and escaped without taking necessary measures, such as providing relief to the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. Each written diagnosis;
1. Application of statutes on site photographs;
1. The punishment of specific crimes under Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the aggravated punishment for the crime.