특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of 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 BS car.
On February 8, 2018, the Defendant driven the above car at around 08:58, and led the two-lanes of the same-line metropolitan road adjacent to the non-party 2-line 5-lane 9, Dongdaemun-gu, Seoul, to proceed in the direction of Jung-gu from the offset surface of the non-party 2-line metropolitan road.
At the same time, the victim C(n, 35 years old) driver's D SP car was stopped by the vehicle string at the same lane, so the defendant engaged in driving service had a duty of care to accurately operate the steering and operating the steering system while living well on the front left left and right, and the defendant was obliged to drive safely.
Nevertheless, the Defendant neglected to do so and proceeded with the vehicle back of the Switzerland as it was received as the part of the Defendant’s driver’s driving in front of the car.
Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires medical treatment for about two weeks, and at the same time, destroyed the above SP car to cover repair costs of approximately KRW 556,600, and escaped without taking necessary measures, such as stopping and aiding the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The actual investigation report on traffic accidents;
1. Blucs camblings on the victim’s vehicles;
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 concerning the crime (the point of non-measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
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 Social Service Order shall be the type of one (the act of escape after causing injury) after traffic accidents;