특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for six 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
around 15:40 on April 14, 2017, the Defendant driven a B Rte and proceeded directly with the road on which the crosswalk was installed in front of the D driving school located in C at the Chungcheong City, from the seat of the National Statistical Office.
At that time, the victim E (8 years) who is a pedestrian in the crosswalk with a signal, etc. installed in the children's protection zone, has a duty of care to protect the children's pedestrians and safely drive the crosswalk from the right side of the vehicle's moving direction to the left side according to pedestrian green signals, so if a person engaged in driving service is a person, he/she should proceed in accordance with the signal instruction, and the driver has a duty of care to safely drive the crosswalk.
Nevertheless, the defendant neglected such duty of care and caused the damage to the road by neglecting the red stop signal of the front side in the children's protection zone and neglecting the signal signal, leading to the violation of the signal, leading to the left side of the victim who dried the crosswalk to the left side of the vehicle.
Ultimately, the Defendant, by occupational negligence, caused a traffic accident that caused the said victim to suffer bodily injury, such as knee-gnee, in need of medical treatment for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Report on the occurrence of a traffic accident;
1. An accident scene photograph;
1. CCTV screen pictures;
1. Medical certificates (E);
1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 5-3 of the same Act concerning the punishment of the crime, the choice of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment], and escape after traffic accidents;