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 engaging in driving a new character car.
On January 11, 2019, the Defendant driven the above car at around 10:35, and got to turn to the left at the right of the 3-lane from the seat of the dead gate of the four-lane radio lines at the time of leisure.
The two-lanes are straight and left lanes, and the three-lanes are two-lanes, which are the two-lanes, at the time, the victim D(n, 39 years old) was in direct presence, so in such cases, the driver has a duty of care to safely drive the vehicle in line with the driving lane.
Nevertheless, the Defendant was negligent in making a left turn at the three-lanes, and the Defendant received the right side part of the car in front of the left side of the said new character and the pentum part of the car.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without immediately stopping the horse with the repair cost of KRW 1,701,214, such as the repair of the plate, while destroying the horse car and destroying it, without taking measures such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements related to D traffic accidents;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes on site photographs and photographs;
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, 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 imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Services Criminal Act: The circumstances favorable to the fact that the defendant was unable to reach an agreement with the victim are contrary to the defendant's mistake.