특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On July 18:10, 2016, the Defendant driven the above car, and led to the driving of a fire-fighting road without a central line in front of Daegu Northern-gu, to the east to the east of the intersection.
Since there is no distinction between the sidewalk and the roadway, and the center line is not marked, the driver had a duty of care to prevent the accident by thoroughly manipulating the front line and other vehicles and accurately manipulating the steering system.
Nevertheless, the Defendant neglected to do so and went on to the right side of the running direction of the Defendant, thereby facing the left shoulder of the victim D(60 years old) and the left side of the electric vehicle, which had been going to the right side of the said vehicle.
Ultimately, even if the Defendant suffered from the injury of the upper part of the body part of the 6 weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] Traffic mitigation area (6-1 year after bodily injury) [Special Mitigation] Punishment and Non-Punishment (including serious efforts to recover damage] (decision of sentence] the following circumstances and the defendant's age, character and behavior, family relationship, family environment, motive and means of crime.