특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for six 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 Bchip car.
On December 24, 2016, the Defendant driven the above car at around 16:20, and, at around 16:20, proceeded with the first line road in front of Echeon-si, at the speed from the terminal of Howon bus, to the intersection of sampling.
In this case, there was a duty of care to prevent accidents by driving a person engaged in driving service with a good view and safely driving the front line.
Nevertheless, the Defendant neglected this and got the victim D (13) before the Defendant to walk the light on the ground that the victim D (13) was driving a bicycle on board and walking a bicycle, and go beyond the central line to overtake the victim, and caused the victim to go on the road by negligence, which caused the victim's failure to go beyond the central line, and caused the victim to go on the wheel part of the bicycle's rear the bicycle driving by the Defendant.
As a result, Defendant 1 suffered from the victim’s alleys that require approximately two weeks of treatment due to such occupational negligence, and at the same time, damaged the bicycle owned by the victim so that the amount equivalent to KRW 105,00,000 of the repair cost would be reduced, and left the scene without immediately stopping and taking necessary measures.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A fact-finding survey report and a traffic accident occurrence report;
1. Application of written estimates and written diagnosis to statutes;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the occupation of the person causing injury or injury to his/her duty) and Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment