특정범죄가중처벌등에관한법률위반(도주차량)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 who is engaged in driving a shower car.
On July 18, 2013, the Defendant driven the above car on July 21:45, 2013, and proceeded from the industrial road to the slowly 20 km from the parallel of the road in front of the Seogdong Elementary School in Geum-gu, Busan.
Since there was a temporary vehicle in order to turn to the left at the right edge of the private distance crossing, there was a duty of care to operate the brake accurately and in advance, the person engaged in driving service has a duty of care to operate safely by regulating the speed in advance.
Nevertheless, the Defendant neglected to stop in the front of the passenger car while driving the victim D(the age of 40) for a while on a temporary basis at the front of the road and received a spread in front of the passenger car.
Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, and at the same time, went away without taking necessary measures, such as aiding and abetting the victim, even though the Defendant destroyed the 653,190 won of the repair cost, such as the exchange of the dial divers for the above divers, etc. of the divers for the car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of punishment and limited imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (not more than the degree of comprehensive insurance coverage or injury inflicted on the victim);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;