특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving of a small-type taxi in C.
On May 25, 2016, the Defendant driven the above taxi on May 25, 2016, and proceeded two lanes in front of the E-owned station in Daejeon Seo-gu, Daejeon with a dumbscopary three-lane.
On the other hand, there were other vehicles except the taxi of the defendant, so that those engaged in driving of the motor vehicle have a duty of care to take care of the front side and the left side and the left side of the motor vehicle and to prevent the accident in advance by changing the vehicle line.
Nevertheless, the Defendant obtained the front part of the Gpoter II, which was driven by the Victim F (year 59) who was driving one lane due to the sudden change of the vehicle line in order to drive the said U.S. on the road, from the back side of the taxi left of the Defendant.
As a result, the Defendant, by such occupational negligence, sustained injury to the victim F, such as catum salt in need of approximately two weeks of medical treatment, and suffered injury to the victim H (V, 55 years of age) who was on board F’s vehicle, such as catum salt in need of medical treatment for about two weeks. At the same time, the Defendant, while destroying the victim F’s vehicle so that the repair cost would amount to KRW 3,739,921, and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police of the F;
1. A traffic accident report, a photograph of the scene of the accident, a photograph of the skin vehicle, or a photograph of CCTV images taken on the route of the vehicle operated by the skin vehicle;
1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution;