특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle with a spambling b.
On December 15, 2017, around 00:50, the Defendant stopped on the two-lanes of the border road located in Geumcheon-gu, Sincheon-gu, Sincheon-gu, Sincheon-gu, Geumcheon-do, Busan, the speed 102.2 km-si, Busan, and the speed 102.2 km-si, Busan, the city was moving from the Busan bank to the Seoul bank and stopped on the two-lane.
At the time, since it is night and a place where the passage of vehicles is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent secondary accidents by taking necessary measures, such as operating an emergency sign, etc. in order to prevent collision with the latter vehicle.
Nevertheless, the Defendant neglected to stop the vehicle as it is and caused the victim C (54) to have the front part of the said vehicle driven by the victim C(54).
Defendant 1 suffered from an injury to the victim, such as salt ties and tensions, which require approximately three weeks of medical treatment due to such occupational negligence, and at the same time, Defendant 2 escaped without taking necessary measures, such as aiding the damaged party and providing human resources, even though the said vehicle owned by the victim was damaged by the repair cost of KRW 11,304,938.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C and D;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. A written diagnosis and written estimate;
1. Determination of the assertion by the defendant and his/her defense counsel on field pictures and the defendant and his/her defense counsel are negligent since there was no sufficient time to see the defendant's failure to operate an emergency warning, etc.
It is impossible to do so, due to such circumstance and shock of accident, that the defendant did not think of himself as the perpetrator, that he was unaware of the fact that the victim was injured, that the defendant was sent to the hospital after being injured, and that he left the scene of accident.