특정범죄가중처벌등에관한법률위반(도주차량)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 who is engaged in driving a 5-ton cargo vehicle B.
On September 15, 2017, the Defendant, at around 10:50 on Sep. 15, 2017, proceeded along the two-lanes from Pyeongtaek-si to Sin-si, the 11.2km road on the road at Pyeongtaek-si Eup in the Postal Eup.
The driver had a duty of care to prevent accidents in advance by driving safely while accurately operating the steering boat and brakes well, and operating the steering boat and brakes.
Nevertheless, the Defendant neglected this and stopped on the side of the right side of the traffic direction of the victim C (33 ) drive D2.5 tons this- E- E- The left side of the driver's seat of the 5 ton of the 5 ton of the 5 ton of the 5 ton of the 5 ton cargo vehicle.
Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim C, the victim E (58) and the victim F (56) for about two weeks of medical treatment respectively. At the same time, the Defendant: (a) destroyed the said-Ma cargo vehicle to repair approximately 16,50,000 won; and (b) escaped without taking necessary measures, such as aiding and abetting the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The actual investigation report on traffic accidents;
1. Each written diagnosis;
1. Written estimate;
1. Application of Acts and subordinate statutes governing photographs of damaged vehicles;
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 facts constituting an offense, as provided for in the corresponding Act, (a)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of alternative imprisonment with prison labor (the details and mode of accident, degree of damage, unagreement, circumstances after the crime, etc.);
1. Articles 53 and 55(1)3 of the Criminal Act (in addition to recognized facts charged and fines once, other than those) of the Act on Reduction of Small Amount.