특정범죄가중처벌등에관한법률위반(도주치상)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 Cenz motor vehicle.
On November 22, 2016, the Defendant driven the above car at a speed of 00:52, and driven the road of three-lanes in front of the tin-wing four-lanes in the Daejeon Seo-gu Daejeon Metropolitan City, Daejeon, with two-lanes from the west-gu off to the west-gu of the west-gu.
At the time, there was a signal, etc. at night and at the front, and thus, the driver of the motor vehicle has a duty of care to keep the vehicle in good manner and to keep the other motor vehicles' attitudes in the front and rear, and to prevent the accident in advance.
Nevertheless, the Defendant neglected this and stopped in order to turn to the left at a one-lane due to the negligence of driving a motor vehicle at a one-lane, and received the part of the victim D (38 S) who was waiting for the signal and driving Esch Rexroths that was driven by the Defendant in front of the left side of the motor vehicle of the Defendant.
Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt panion, tensions, etc. in need of treatment for about three weeks, and at the same time, the repair cost of KRW 1,466,400, such as the replacement and maintenance of back panions, did not take necessary measures such as providing relief to the injured party by stopping immediately, even though the Defendant destroyed and damaged the flachising car to the extent of above flachising.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reports on traffic accidents and on-site photographs;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.