특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of a C Poter cargo vehicle.
On August 31, 2015, the Defendant driven the above cargo vehicle around 21:57, and proceeded along the three-lane road in front of the Chang-do Intersection 1190-6, Seoyang-si, Namyang-do, Seoyang-do, Gyeonggi-do, along the one-lane from the port side of the Chang-do elementary school to the parallel of lanes. The Defendant changed the course to the three-lane.
At the time, the victim D(54) driving car was at night, and the victim D(54) driving car was in progress on the three-lanes of the defendant's driving direction, so in such a case, the driver of the motor vehicle had a duty of care to operate the direction, etc. to give notice of the change of course, and to change the vehicle line in the future and after the driving of the motor vehicle.
Nevertheless, the Defendant neglected this and changed the vehicle from one lane to three lanes as it is, and thereby, received the part of the victim's left side of the motor vehicle from the victim's back to the right side of the cargo vehicle of the defendant.
Ultimately, the Defendant, by such occupational negligence, sustained injury to salt and tensions in need of medical treatment for approximately two weeks, and at the same time, escaped without taking necessary measures, such as stopping and saving the damaged party, even though the repair cost, such as the so-called lurged car, was damaged to the extent of 1,638,178 won, by cutting off the said lurged car.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Partial statement of the witness D;
1. Statement made by the police against D;
1. A report on traffic accidents and a survey report on actual condition;
1. A written diagnosis on D;
1. Written estimate;
1. Application of Acts and subordinate statutes to photographs of damaged vehicles;
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 Commercial Concurrent Crimes Act (the sentence shall be heavier).