특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a low-speed car B.
On February 17, 2020, the Defendant, while driving the said car on February 21, 2020, driven the road front of the Jeonnam-gun Seoul from the direction of the indoor gymnasium.
In this case, a person engaged in driving service has a duty of care to safely drive the center line so that the center line is installed.
Nevertheless, the Defendant neglected this and took part of the victim D(35 years old) driving due to the negligent negligence of the center line, which led to the Defendant’s failure, in front of the left-hand part of the vehicle of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires treatment for about two weeks by occupational negligence as above, and, at the same time, did not immediately stop the repair cost to the extent that it damages the amount of KRW 862,439 and runs away without taking necessary measures, such as taking relief measures.
Summary of Evidence
1. Application of the police written statement of the defendant concerning D's legal statement, written diagnosis of the police, and evidence examination-related Acts and subordinate statutes on written estimates;
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. Selection of alternative imprisonment with prison labor for a sentence under Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of a punishment);
1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was drunk to drive a motor vehicle and escaped as it is while driving the motor vehicle. Before committing the instant crime, he/she was sentenced to a fine and a suspended sentence of imprisonment with labor.
However, on the other hand, this case.