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
The defendant is a person who is engaged in driving a CP vehicle.
On July 22, 2013, at around 21:05, the Defendant driven the said car under the influence of 0.143% of alcohol concentration in blood, and proceeded to the bus terminal in front of the Negi hotel’s four-distance in the enclosed-dong of Daejeon Seosung-gu.
In such a case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering wheel and brake system.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop on the right-hand side by negligence and neglected to stop on the right-hand side, received the victim D(27 years of age)’s left-hand side of the car and the part behind the right-hand side of the said vehicle.
The Defendant, by occupational negligence, sustained injury, such as scopical salt, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim, even though the Defendant damages the above scopic amounting to KRW 1,547,83, such as the exchange of even the left door of the vehicle in the highest scopic.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Traffic accident report and accident report of an employer-employed driver;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes to the investigation report (F statement);
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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The victims under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the victims;