특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for 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 of a car BA6.
On February 25, 2019, the Defendant driven the above car on February 19, 2019, and turned the front road of Gwangju City into the direction from the runway to the big way.
At the same time, since other vehicles are in progress on the large side, there was a duty of care to check and proceed with the safety of the course by properly examining the traffic conditions on the front side and the right side.
Nevertheless, the Defendant failed to discover the EM5 car driven by the victim D(the age of 47) who was driving a large course due to the negligence bypassing it as it is, and did not discover the EM5 car as it was, and did not shock the part of the EM5 car ahead of the said EM5 car, and continued to proceed, the Defendant shocked the part of the EM5 car behind the driving seat of the said SM5 car.
Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the chills that require treatment for about two weeks, and at the same time, even though the victim’s damage to the said SM5 car to KRW 981,543, such as the cost for the exchange of the chills, left the vehicle immediately and escaped without taking necessary measures, such as providing relief to casualties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report and each internal investigation report;
1. Each traffic accident report, accident site photograph, case-related photograph, diagnosis certificate, estimate, and image of the accident;
1. The application of Acts and subordinate statutes governing the register of driver's licenses for each motor vehicle, chassis and mandatory insurance;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.