특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for one year.
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 of K5 si.
On May 11, 2017, the Defendant driven the above taxi on the 04:20 on the 04:20 on the 11st day of May, 201, while driving the front road of the D in the Gu-U.S.-si C from the right side of the Osung taxi, the Defendant set the above taxi on the right side of the taxi and driven the one lane.
At the time, there are nights and places where the center line of yellow solid lines is located, so in such a case, there was a duty of care to prevent accidents in advance by driving the car safely along the car line with the driver’s license at the point where the internship is permitted for the driver of the car.
Nevertheless, the Defendant neglected this and proceeded along the same lane with the occupational negligence of the Defendant, and caused the F Truck of the Victim E (56) driving, which was proceeding along the two-lane from the direction of the Si/Gu to the mountain, to take the front part of the said D’s columns and card boxes in order to avoid the collision with the Defendant’s taxi.
Ultimately, even if the Defendant suffered injury, such as salt, tension, etc., of the bones of wood, which requires medical treatment for about two weeks, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Reports on the occurrence of a traffic accident, on-site photographs, actual condition survey reports, photographs, and CCTV images;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a criminal investigation report (as to specific details of the escape vehicle, and as to the statement of G business owner H);
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment with prison labor for the crime under the relevant Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: the instant case.