특정범죄가중처벌등에관한법률위반(도주치상)등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person who is engaged in driving a B-Wood vehicle.
On October 24, 2018, the Defendant driving the above car on the 19:15th day of October 24, 2018, led to the front of the D Pharmacy in Ulsan-gu C, Ulsan-do along a single-lane from the east Pyeong-gu to the summer-do.
At the time, the passenger E (n.e., the 29-year-old driver) is driving on the same lane as the defendant's front line, so in such a case, the driver of the vehicle has a duty of care to secure and proceed a distance between the front line and the right and the right and the right and the right and the right and the right and the right of the vehicle.
Nevertheless, the Defendant neglected this and proceeded with the damaged vehicle due to the negligence of driving the damaged vehicle while driving it in close vicinity, thereby receiving the back part of the damaged vehicle as the front part of the Defendant’s vehicle.
Ultimately, the Defendant caused the victim to suffer injury, such as cerebrovasin in need of medical treatment for about three weeks due to occupational negligence as above, and at the same time, the Defendant left the damaged vehicle without immediately stopping it and taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was destroyed by KRW 787,905.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement to E by the police;
1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a photograph related to an accident, a photograph related to an accident, a video-related to an accident (ctvs and surrounding areas of the damaged vehicle), and a report on an investigation (verification of black stay images, details of the treatment of the victim, and confirmation of intention
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;