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 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 B 2 cargo vehicles.
On November 21, 2012, the Defendant driven the above cargo vehicle on November 21, 2012, and started a two-lane road in front of the Silley-dong, Daegu Northern-gu, which is located on the right side of the lane and changed the course in order to drive the above cargo vehicle into the opposite lane.
In this case, a person engaged in driving of a motor vehicle has a duty of care to inform a change of course by operating direction, etc. at the point where a U.S. is permitted, and to change the course safely by taking into account the traffic conditions of the front and rear left.
Nevertheless, the Defendant neglected this and neglected the two-lanes at a place where U-turns are not allowed, and caused the part of the front right of the Defendant’s cargo, which the victim C(the age of 17) who was driving along one lane in the same direction as the Defendant’s initial proceeding direction, driven by the victim C(the age of 17) who was driving in the same direction as the Defendant’s initial proceeding direction.
As a result, the Defendant got injured by the victim’s occupational negligence during approximately three weeks of treatment of the victim, and at the same time, went away without immediately stopping the damaged urine so that the amount equivalent to KRW 1,805,000 of the repair cost of the damaged urine, and without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E and C;
1. A traffic accident report;
1. The actual condition survey report;
1. A medical certificate;
1. Written estimate;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging property);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of punishment and limited imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act: