특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a QM5 car.
On November 14, 2016, the Defendant driven the above car at a level of 18:30 on November 14, 2016, and led to two-lanes of the distance front of the south of the vehicle in the two-lanes in Gwangju Seo-gu, Gwangju Metropolitan City, along the two-lanes of the south of the vehicle.
At night, the Defendant was unable at the time, and the Defendant was behind the victim C driver's dhump car prior to the same direction, and therefore, the Defendant was obliged to pay a duty of care to drive safely with the driver's license thoroughly and with the safety distance from the front vehicle.
Nevertheless, the Defendant neglected this and found it late to stop by using yellow signal due to negligence while driving it, and operated it late, but the Defendant did not avoid it, and received the back part of the hurfed vehicle with the front part of the vehicle driven by the Defendant.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury by the victim of the “multi-exploit salt” in need of treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle so that it can be damaged by the repair cost of KRW 4.10,000,000, and without taking measures, such as aiding the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
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. Protective observation and community service order;