2019 Highest 496 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Dos

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.

Maximum (Institution of Prosecution) No. 300, Mac 100

Attorney B

October 10, 2019

A defendant shall be punished by imprisonment for a term of one year and two months.

Criminal facts

【Criminal Power】

On March 17, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act (drinking driving) at the Changwon District Court on March 17, 2008, and on February 3, 2010, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime, etc. at the same court on February 3, 2010, and the same power

[Criminal Facts]

1. Violation of the Road Traffic Act;

On November 20, 2018: around 20, the Defendant driven a e-learning car under the influence of alcohol concentration of 0.123% in front of the D University located in Ysan-gu Seoul Special Metropolitan City on November 23, 2018.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), violation of the Road Traffic Act (unnecessary Measures after Accidents), and violation of the Road

The defendant is a person who is engaged in driving of the above-learning car.

The defendant driving a car in the state of alcohol as stated in Paragraph 1 as above and changed the vehicle line from the two lanes to the one lane in order to allow the defendant's vehicle parked in the two lanes ahead of the above D College to enter the main lane.

There are vehicles driving along a two-lane road, so in such a case, the driver of the vehicle has a duty of care to take care of the rear bank well, to know the change of course to other vehicles in advance, to accurately manipulate the steering direction, and to prevent accidents by accurately manipulating the steering direction and operating the steering system.

Nevertheless, the Defendant neglected this and changed the vehicle line to the next direction of the Defendant, and the victim F (the age of 66) driving G U.S. Q5 (the age of 66) driven by the Defendant at the first line in the direction of the Defendant’s course was shocked into the front part of the Defendant’s vehicle driving seat.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as destroying damaged vehicles and providing relief to the victim so that the amount equivalent to KRW 9,878, 110, such as the exchange of the previous panions would be equivalent to KRW 9,878, and 110.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Each traffic accident report (the actual survey report);

1. Reporting on the occurrence of a traffic accident;

1. Photographs of the accident site;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Each written diagnosis;

1. Statement of automobile inspection and maintenance;

1. Investigation report (Report on the circumstances of an immigration driver);

1. Investigation report (related to acknowledgement of a suspect and measurement of drinking alcohol);

1. Investigation report (related to the application of the Flag mark of a drink of alcohol level);

1. Previous records of judgment: One copy of a statement of criminal records, investigation report (Attachment to the same kind of judgment, etc.), judgment, and summary order; and

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the escape after occupational injury and injury), Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 151 of the Road Traffic Act (the point of driving under influence of alcohol), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures not to be taken after damage)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [ within the scope of adding up the long-term punishments of crimes prescribed in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 30 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First offense (in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury));

[Determination of Kind of traffic crime] The escape after traffic accident [Type 1] is caused by bodily injury [Special Aggravation], and the escape [Special Aggravation] is increased: the case of driving under the influence of alcohol

[The scope of recommendations and recommendations] Aggravation, 1 year to 3 years of imprisonment

(b) Second crimes)

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of the recommended sentences that are modified according to the sentencing guidelines: One year to thirty years (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing guidelines, it shall be in accordance with the statutory applicable sentencing standards); and

3. Determination of sentence;

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

○ The Defendant, while drinking, escaped as it causes human and material damage even though the Defendant was involved in a traffic accident. At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high at the time of the instant crime; the Defendant had been punished several times due to drinking driving, etc.; the Defendant did not agree with the victim; and the damage was not recovered.

○ Confession and reflects, the injury of the victim is relatively minor, and the fact that the wife and the two children are the most supported.

Judges Park Jong-dae