특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for six 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 who is engaged in driving of B SP car.
On December 5, 2019, the Defendant driven the above car on December 21, 2019, and proceeded at the speed of 515 in Michuhol-gu Incheon, Michuhol-gu, Incheon, and the roads adjacent to the use distance from the use distance protection to the use distance protection from the use distance.
Since there is a large traffic volume of ordinary vehicles at the intersection, in such cases, there was a duty of care to ensure that a person engaged in driving service has a good view on the front side and to prevent accidents by accurately manipulating the steering gear.
Nevertheless, the Defendant neglected to do so and proceeded at the front of the Defendant’s vehicle, which was driven by the victim C while driving in the front of the Defendant’s vehicle, received as the front part of the Defendant’s vehicle.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C and the victim E, who is a member of the said stoke car, respectively, for about two weeks of medical treatment, and at the same time, the said stoke car was damaged by the repair cost of KRW 895,652, such as the exchange of back stowing car, and escaped without taking necessary measures, such as providing rescue to the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Inquiry into the result of the crackdown on drinking driving;
1. A medical certificate;
1. Application of written estimate of automobile repair costs to Acts and subordinate statutes;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after the injury), Article 268 of the Criminal Act, subparagraph 1 of Article 148 of the Road Traffic Act, and Article 54 (1) of the Road Traffic Act concerning the crime committed;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act.