특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
The defendant is a person who is engaged in driving of the Hyundai Tracor.
On November 19, 2013, the Defendant operated a Track Track on the 03:30th day of November 19, 2013, and proceeded with the national highways No. 17, at the entrance of the Hacuk Village at the yellow-si in the Yellow-si, with two-lanes of the old-do as the old-do lacing plane, at a speed of about 70 kilometers in speed.
At the same time, the road is be bended to the right, and there was a duty of care to drive safely by checking well the right and the right and the right of the person engaged in driving service by reducing the speed in advance.
Nevertheless, the Defendant neglected this and found the victim D (the age of 83) who was walking along the two lanes above the road, and proceeded with it as wild animals, and confirmed it as soon as possible, but continued to proceed with it. However, the Defendant did not take the measure so that the victim was receiving the victim as part of the Tracker's part, and continued to go beyond the ground, and continued to proceed with the victim's right side side of the Tracker's right side part and the road surface.
Ultimately, the Defendant, by the above occupational negligence, committed an injury to the victim, such as an open framework of the right-side 16 weeks in need of treatment, and a pressure harming the right-hand chill, but did not immediately stop and escape without taking measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, on-site evidence and photographs of the traffic accident;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) is the instant crime.