특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for six 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 engaged in driving a motor device “CA105” bicycle.
On February 28, 2017, around 19:41, the Defendant was driving along one side in the child protection zone in the front of the “D cafeteria” located in Seocheon-si C, Seocheon-si, and was driving towards the back of the elementary school.
Since there are frequent traffic of vehicles and children at an elementary school immediately adjacent to an elementary school, a person engaged in driving service would prevent accidents in advance by safely driving the front left and right, and in particular, when driving a vehicle within a child protection zone, he should drive the vehicle with due care to the safety of children. However, the defendant neglected this and led the defendant to go beyond 7 years old.
Ultimately, even though the Defendant suffered injuries, such as salt knee and tension in the part of knee and knee in need of medical treatment for about 14 days by occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;
1. A medical certificate;
1. Application of the Acts and subordinate statutes governing CCTV images and CCTV images for crimes;
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;
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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] In the event of minor injury (3 months to 1 year) in the area of special mitigation (3 months to 1 year), the area of special mitigation (including the case of special mitigation) (including the case of serious efforts to recover damage) and the decision of sentence (including the case of serious efforts to recover damage).