특정범죄가중처벌등에관한법률위반(도주치상)등
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of 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 a motor vehicle B at a low cost.
On January 25, 2018, the Defendant driven the above car at around 22:20, and moved the three-lane road in front of Gangdong-gu Seoul Metropolitan Government C along the direction of the KTG branch in the direction of the road.
At the time, the defendant was driving the E 5 si of the victim D(65 Do) driving on the right side in the direction of the right line. Thus, the defendant, who is engaged in driving duty, has a duty of care to accurately manipulate the steering direction and the operation of the steering system, and safely bypassing the steering direction to the center of the intersection and prevent the accident in advance.
Nevertheless, as long as the Defendant neglected to do so, the part remaining after the left-hand side of the said K5-si was left-hand by the negligence of the Defendant’s neglecting it, which was left-hand back to the center of the intersection.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, did not take necessary measures, such as aiding and damaging approximately KRW 1,003,341 while stopping the said taxi to rescue the damaged.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Reports on internal investigation (ten pages of investigation records);
1. A survey report on actual conditions;
1. On-site photographs, on-site photographs, black images of suspect vehicles, CDs, damaged vehicles, and CDs around the place of accident;
1. A medical certificate;
1. Application of the statutes governing a written estimate;
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 or injury caused by duty), Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);
1. Selection of penalty as an alternative penalty;