특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for not more than ten 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 new franchise motor vehicle B.
On May 2, 2017, the Defendant driven the said car at around 00:55, and continued to drive the said car at the Daegu Suwon-gu, Daegu-ro 15-gil 39, 39, and the three-way park prior to the Yellow-distance Park from the Yellow-gu, to the “Jin-si pharmacy” side.
Since there is an unclear side road between the sidewalk and the roadway, the driver of the vehicle has a duty of care to safely drive the steering gear by accurately manipulating the steering gear after checking the front side and the left side of the vehicle.
Nevertheless, the Defendant failed to perform his duty at the front time, and failed to properly operate the steering gear in the same direction, and got knee part of the victim C who was walking in the same direction, and caused the victim to suffer injuries, such as knee, knee, knee, knee, and tension, which require treatment for about two weeks in front of the right-hand side of the Defendant, but failed to immediately stop and stop so as to rescue the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to an accident scene photograph, a traffic accident report, and a medical certificate;
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommended punishment] There is no basic area (from August to January 6) of the first category (the basic area (the person subject to special sentencing) after traffic accidents [the decision of sentence] [the circumstances constituting the conditions for sentencing as shown in the records of this case, such as the age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime.