특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three 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.
On March 11, 2016, the Defendant driven the above car at around 01:40, while driving it at the speed of about 40 km from the south of Yong-Nam to the pressure-face office at the speed of about 40 km.
Since there is an intersection that is not supported by traffic control, the driver has a duty of care to safely drive the vehicle by reducing the speed or temporarily stopping the vehicle with the first approach to the intersection.
Nevertheless, due to the negligence of neglecting this, the Defendant was found to be late behind the victim E-(41) driving a FM car running the said intersection from the side of the tree restaurant to the university, and did not avoid it. Thus, the Defendant received the front part of the Defendant’s vehicle’s right part, which was the front part of the Defendant’s vehicle.
As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as fluoral salt, which requires treatment for about two weeks, and at the same time, did not stop immediately and abscond to the extent that the above fluoral car was damaged to the extent that the amount equivalent to KRW 1,565,078, and did not take necessary measures, such as providing relief to the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. On-site photographs;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the order to attend a lecture is not limited to the mitigated area (6 months to 1 year) (the person with special mitigation).