특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On April 6, 2018, the Defendant driven the said car at around 05:15, and proceeded along the two-lanes of the front side of the Chowon-dong, Daegu, Nowon-gu, Nowon-gu, with the two-lanes of the front side of the Chowon-dong, as the new city located in the 3rd Dong-dong, Nowon-gu.
At the time, since it is night and a place where the passage of vehicles is frequent, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering right and the steering system by accurately operating the steering and steering system.
Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, thereby sustaining the part behind the right side of the MF5 car driven by the Victim C (SM5, 51).
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the 2 week medical treatment. At the same time, the Defendant, while destroying the MF5 car owned by the victim D to cover KRW 2,615,441, the Defendant failed to immediately stop the vehicle and take necessary measures, such as providing relief to the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: The circumstances favorable to the fact that a person has already been punished for the same kind of crime: The confession and reflect, and the vehicles shall be deducted.