특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for four months.
except that 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
At around 01:00 on April 7, 2014, the Defendant: (a) stopped the DM3 car on the 15th road set at Suwon-si, Suwon-si, 934, 934, and escaped without taking measures, such as aiding and abetting the victim E (the 29-year-old) who was parked in the future due to occupational negligence that did not live well in the future; (b) received a part behind the F body-person car owned by the victim E (the 29-year-old), requiring approximately two-day medical treatment for the victim; and (c) at the same time, destroyed the above damaged vehicle with approximately KRW 1,434,510 of the repair cost, and immediately stopped the vehicle and escaped without providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition of traffic accidents;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant reflects his mistake, that is the primary offender, that is, the victim and the victim have agreed smoothly, and that the sentencing guidelines are not applied as they are because the defendant constitutes a recommended commercial concurrent crime with respect to escape after the injury of traffic accident.
The punishment shall be determined as per the order, taking into consideration all the various sentencing conditions, including the types of escape [the first type (the act of escape after the injury) after traffic accidents, the area of special mitigation ( March to October), the area of special mitigation (the first class (the first class to the second class), the case in which minor injuries have occurred (including the case in which serious efforts are made to recover the damage), and the area in which punishment has not been paid (