The Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and roads

Violation of the Traffic Act (driving) and the Road Traffic Act (Influence after an accident)

(H)

A

Kim Jong-si (Public Prosecution) and Cho Dong-hun (Public Trial)

January 30, 2015

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

To order the defendant to pay the amount equivalent to the above fine.

Criminal facts

The Defendant is a person who is engaged in driving a B halog car.

1. Violation of the Road Traffic Act;

On October 27, 2014, at around 22:45, the Defendant driven the said car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.173% from the Do in front of the frequency of “Daber” in the long-term Dong-gu, Seogu, Daegu to the front road of the long-term post office located in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

The Defendant, while under the influence of alcohol in the time zone as stated in paragraph (1), was driving the said car with a private street crossing along which a long-term post office distance front of the long-term distance in the city of Daegu was installed along one-lane from the boundary of the high culture center to the long-term post office four streets.

At the time, there is a duty of care to prevent accidents by safely driving the motor vehicle, such as making an operation of the steering system and operating the steering system accurately by checking the right and the right and the right of the motor vehicle, in the vicinity of the intersection where the signal at night is installed, and in the vicinity of the intersection where the signal at night is installed.

Nevertheless, due to the negligence in which the Defendant was under the influence of alcohol and was negligent, the Defendant was waiting to turn to the left prior to the Defendant’s vehicle, and received the part behind the Defendant’s vehicle back to the right side of the DSM5 car driven by the victim C(the age of 40) who was under the stop.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim C in need of medical treatment for about two weeks, and suffered injury to the victim E (the 48 years old), who is the passenger of the above damaged vehicle, such as base salt, tension, etc. in need of medical treatment for about two weeks. At the same time, the Defendant destroyed the above damaged vehicle to the sum of KRW 51,821, and escaped without taking necessary measures, such as providing relief to the victims and confirming the existence of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident (1, 2);

1. Report on the master driver, and report on the status of the master driver, and the statement on the status of the master driver;

1. Each medical certificate, medical record, and place of examination and treatment;

1. Written estimate, investigation report (the scene of the accident and photograph of the accident vehicle), and investigation report (the vehicle involved in the accident);

Application of Statutes

1. Article applicable to criminal facts;

Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of view of failing to take measures after an accident) (the point of view of failing to take measures after an accident)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) and punishment provided for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes)

1. Selection of punishment;

Selection of Fines

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes within the scope of the total sum of two principal crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment) of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Ounok-ok