특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 taxi.
On February 24, 2015, the Defendant driven the above vehicle around 00:40, and proceeded with the two-lane road of 159 (159) as Yangcheon-gu Seoul, Seoul, with one lane, from the boundary of the wood basin to the new air basin.
At night, after the defendant was in operation, the victim C(66 years old) was under the duty of care to properly manipulate the traffic situation before and after the time, and to prevent the accident by properly manipulating the brake system.
Nevertheless, the Defendant neglected to stop his/her vehicle in order to enter the opposite alley, and caused the front part of the said Drocketing taxi which was stopped behind the Defendant’s vehicle due to the subsequent negligence after he/she stopped, and shocked into the front part of the Defendant’s vehicle.
Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim’s sastrual saf, etc. in need of two weeks of treatment, and at the same time, 634,302 won of repair expenses, such as the exchange of sastrus, etc., were destroyed to the extent that the victim did not immediately stop, and escaped without taking measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. A traffic accident report; 1. An investigation report (to hear victim's telephone statement);
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment], and there is no basic area (eight to one to one year and six months) of the first type (the escape after the injury) after traffic accidents.