특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of 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 radar car.
On February 17, 2017, around 02:45, the Defendant proceeded with a two-lane road in front of each Ri church, which is located in the 3-lane 208 of the Chang-gu Eup Science Industry, Chang-gu, Seoul, Seoul, without obtaining a driver's license, in the direction of the Taedong Park, at a speed of about 60km in the direction of the Gu public health clinic in the direction of the petition.
Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed to a person engaged in driving service, to live well on the right and the right, and to drive safely in accordance with the signals.
Nevertheless, the Defendant neglected this and entered the intersection without reducing the speed of stop signals due to the Defendant’s failure to cause the Defendant’s failure to go against the signal, and thereby, received the back portion of the Drocketing car driven by the victim C (26 Do) who is straight on the right side from the left side of the running direction of the Defendant, as the front portion of the Defendant’s car.
Ultimately, the Defendant got out of the above occupational negligence to the victim E (the age 26) who was on board the said C and the said rocketing car (the age 26) for about two weeks of medical treatment, and did not disclose his identity and did not take necessary measures, such as providing relief to the victims.
Summary of Evidence
The application of the law to the ledger of driver's license to the defendant's legal statement C, E, the report of traffic accidents in the police statement report, the actual survey report, the accident scene, and the vehicle photograph report.
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. Articles 53 and 55(1)3 of the Criminal Act 6.