특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Punishment of the crime
On July 29, 2015, at around 07:22, the Defendant: (a) driven a C Car and driven a four-lane in front of the C Car 155 in accordance with the order of the Seoul Northern-gu, Gwangju, in the direction of the horse-based market, along with the first line of the road at a speed of about 50 km/h in the direction of the horse-based market; (b) due to occupational negligence, the Defendant violated the stop signal and immediately left by the victim D (the age of 35) driving a vehicle in front of the vehicle that the Defendant driven.
The Defendant, due to the foregoing traffic accident, caused the victim to suffer light fluorum fluorum in need of medical treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle and run away without taking necessary measures, such as providing rescue to the victim, even though the damaged vehicle was damaged by approximately KRW 1,920,356.
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, Article 268 of the Criminal Act and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;
2. Scope of the recommended sentencing guidelines: The sentencing guidelines do not apply to those cases falling under the ordinary concurrent crimes. However, for the proper sentencing, considering the fact that the recommended sentencing with respect to the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is the following "Act on March to October of imprisonment": [the scope of the recommended punishment] after traffic accidents, the special mitigation area (the escape from March to October) is the first type (the escape after the injury).