특정범죄가중처벌등에관한법률위반(도주치상)
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 two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving a motor bicycle with engine displacement 124CC B5 G5 125I.
On December 6, 2018, the Defendant driven the above motorcycle on December 08:42, 2018, and driven the side road from Ulsan-dong C, Ulsan-gu, by straighting about 20 kilometers in speed from the side of the D apartment to the scamblst distance.
At the time, there was a rained house, and there was a house, so, the driver of the motor bicycle has a duty of care to safely drive the motor bicycle while checking the pedestrian walking condition of pedestrians walking the above road, by living well on the front side and the left side, operating the brake and the steering gear accurately, and checking the pedestrian walking condition of the above road.
Nevertheless, the Defendant neglected this and proceeded along as it is, due to negligence, followed the sound coming from the above motorcycle in the front direction of the above motorcycle, and took over the left side and left side side side side side part of the above motorcycle, such as the victim E (the age of 12) who avoiding the above motorcycle by the left side side of the above motorcycle.
이로써 피고인은 위와 같은 업무상 과실로 피해자에게 32일간의 치료가 필요한 무릎뼈 앞 윤활낭염(좌측) Tear(찢어짐) 등의 상해를 입게 하고도 피해자를 구호하는 등 필요한 조치를 하지 아니한 채 그대로 도주하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor and police interrogation protocol of the accused;
1. Each prosecutor's office and police statement regarding E;
1. A survey report on actual condition, a victim's photograph photograph, a photo, a photograph of the victim at the time of the accident, or a photograph of the suspect's CCTV images, a field photograph, a return dog, a medical examination and treatment record, a written confirmation, and a written confirmation
1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)2 of the Criminal Act concerning criminal facts and the choice of punishment.