2016 Highest 27 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( Escape Vehicles), Do

Violation of the Road Traffic Act (Measures Not to be Taken after Accidents), and violation of the Road Traffic Act.

Driving) Violation of the Road Traffic Act,

A person shall be appointed.

Park Man-hee ( Indictment) and Man-hee (Trial)

Attorney B (Korean National Assembly)

April 21, 2016

A defendant shall be punished by imprisonment for not less than six months.

Facts of crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Motor Vehicles) and Violation of the Road Traffic Act (Unnecessary Measures after Accidents), and violation of the Road Traffic Act;

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On February 19, 2016: around 35, the Defendant driving a four-lane in front of a well-known household located in Ansan-si D with a blood alcohol concentration of 0.191%, while under the influence of alcohol level 0.191%, and led to the operation of the above cargo to the inside of the ebbbbbb from the ebbbbs.

At the time, since it is a night and a national highway with a central line, there was a duty of care to prevent accidents by operating a motor vehicle driving service rather than a central line, and by accurately operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence while driving along a road beyond the median line, and was driving along the lane in line with the direction of the Defendant’s proceeding (e.g., 41 years old). The lower part of the Firing Motor Vehicle driven by the Defendant was the front part of the freight vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E and the victim G (V, 42 years old) who is the above occupational negligence, by causing about two weeks of medical treatment, and at the same time, the repair cost, such as pentum exchange, was 3,206,421 won, such as pentum exchange, and escaped without taking necessary measures such as aiding and abetting the victims, even if the Defendant destroyed and damaged the above-learning car to the degree of pentum exchange.

2. Violation of the Road Traffic Act;

The Defendant, at the time, at the place specified in Paragraph 1, did not stop even if he/she had been demanded to stop the cargo vehicle from H in the circumstances belonging to the Sungdong Police Station, while driving the said cargo vehicle without taking necessary measures despite causing a traffic accident while driving a traffic accident, at the same time and place as above, and did not stop. At the same time and place, the Defendant continuously driven the cargo vehicle to other people and caused a danger in traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Reporting on the occurrence of a traffic accident;

1. Each written diagnosis of E and K;

1. Written estimate;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after accidents), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drunk driving) and Article 151-2 and Article 46-3 (1) 1 and 2 of the Road Traffic Act (the point of a sckless driving)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) . (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment prescribed for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the most severe punishment, except to the extent that the above crime and the crime of violating the Road

1. Discretionary mitigation;

The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act

[Scope of Recommendation Form 1 (Desertion after Injury) shall be reduced area (from June to October) after traffic accident

[Special mitigation (Aggravation)] In the event of minor injury, (i.e., category 1 and 2); (ii) in the event of penalty (including serious efforts to recover damage); / In the case of the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents

* Since there is a violation of the Road Traffic Act (drinking) which does not apply the sentencing criteria, or a violation of the Road Traffic Act, only the lowest limit of the recommended punishment should be considered.

[Determination of Sentence] Six months of imprisonment

○ Unfavorable Conditions

- The instant crime committed by the Defendant, while driving along the five national highways from Sung-Eup to Ansan-si under the influence of alcohol, resulting in an accident, causing injury to the victims, and attempted to abscond, and without complying with the direction of repeated suspension by the police, and the quality of the crime is very poor.

- has been sentenced to a fine twice for traffic-related crimes;

○ favorable circumstances

- The defendant recognizes and reflects his mistake.

- the injury suffered by the victims of the accident is not so significant.

- The victims do not wish to punish the defendant by mutual agreement with the victims.

○ Other punishment as ordered shall be determined in consideration of the age, environment, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the pleadings of the case.

Judges Cho Young-jin