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
The Defendant is a person engaging in driving a rocketing car.
1. Around 00:30 on September 7, 2017, the Defendant violated the Road Traffic Act (i.e., a measure after an accident), driving the said car, leading directly to a 158-lane and a 6-lane road in front of the front line of the Incheon Yeonsu-gu, Incheon, along with one lane.
In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room and the right and the right and the right of the motor vehicle and accurately manipulating the steering system, etc.
Nevertheless, the Defendant neglected this and proceeded along as is, and changed the course from two lanes to one lane, received the part of the victim C(59)’s left part of the rocketing taxi, following the use of the victim C(59).
Ultimately, even if the Defendant damages a taxi owned by the victim due to the above occupational negligence to repair KRW 1,805,351, and did not immediately stop and take necessary measures at the time of the occurrence of a traffic accident.
2. Around 00:30 on September 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), driving the said car, and driving it on a five-lane basis, leading to the change of the car line in order to drive it.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction, brakes, etc. of the motor vehicle, to check whether there is another motor vehicle by properly examining the front direction and the left and right of the motor vehicle, and to change the lanes.
Nevertheless, the Defendant neglected this and changed the two lanes from five lanes to two lanes, caused the Victim E (34 ) to go along the two lanes in front of the driver’s seat in rocketing or other car, and proceeded one lane in front of the left side of the said rocketing or other car.