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
Around 10:55 on January 11, 2018, the Defendant was driving a B-learning car, thereby straighting the D-ray intersection in front of the D-based convenience store in Gwangju Mine-gu, to the 2nd apartment room in the Korea Communications University. At that time, the Defendant was an intersection where traffic is not controlled, and at that time, the F-ray car under the victim E (37 years old) was already entering the intersection. As such, the Defendant was negligent in performing occupational duty of care to safely drive the said vehicle by driving the said vehicle, thereby entering the intersection, leading the said vehicle to a part of the front part of the 2-day driver’s seat in front of the driver’s seat of the said vehicle, resulting in the injury of the victim, and at the same time, the victim did not immediately repair the said vehicle to the extent that it did not damage the 399-day driver’s license and did not immediately stop the said vehicle to the extent that it did not damage the 39-day driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each photograph (number 2,13 in the list of evidence);
1. A copy of a medical certificate;
1. A copy of a written estimate;
1. Application of CD-related 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account all the circumstances, such as the fact that the defendant's erroneous reasoning for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, the fact that the amount of damage caused by the instant accident does not vary, the fact that the said motor vehicle is covered by a comprehensive motor vehicle insurance, and the criminal records of the defendant