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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On August 15, 2016, the Defendant changed the distance from the second lane to the third lane in the direction of the right side to the second two lanes in the direction of the right side in the direction of the right side on August 15, 2016.
At the time of the defendant's running direction, the victim C(42 tax) was driving a body car with D, so in such a case, the driver of the vehicle had a duty of care to thoroughly examine the front side and the right and the right and the right of the vehicle and to secure the safety distance, and to change the lane safely.
Nevertheless, as long as the Defendant neglected this and did not secure a safe distance, the Defendant changed the lane from the two lanes to the three lanes on his own, and caused the Defendant’s negligence in front of the right side of the instant rocketing car, which led to the shocking part of the left side of the vehicle in the above way.
As a result, the Defendant suffered injury to the victim C, such as the cages and tensions of the cage cageage, which requires approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the damaged party, even though it damages the cage cages of the victim E at its repair cost.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A traffic accident report;
1. A written diagnosis and a written confirmation of impossibility of repair;
1. Application of the photographic Acts and subordinate 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 point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order and the like;