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 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 Crane car.
On May 11, 2016, the Defendant proceeded along the three-lane road of Dong Hong-do in the Dong Hong-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, in the direction of the East Eastern, along the two-lane direction of the Dong Hong-dong Community Center.
At the time, it is an intersection in which traffic is controlled by a signal apparatus with on-and-off red lights at night, so in such a case, a person engaged in driving a motor vehicle has a duty of care to temporarily stop immediately before the intersection and to prevent the accident in advance by driving another traffic.
Nevertheless, the Defendant neglected this and did not temporarily stop immediately on the intersection and did not stop on the road, and followed by the negligence of the Defendant’s driving at the right side of the road, to the left side of the road by the victim D (In this case, 55 years old) driving, the left side part of the motor vehicle driving by the Defendant, with the front part of the motor vehicle driving.
Ultimately, the Defendant, by the above occupational negligence, sustained an injury to the victim, such as pressure cutting down 2 times in the 12 weeks of the need for medical treatment, and at the same time, destroyed a motor vehicle with the highest level of KRW 6,580,675, such as the exchange of the front-hander, and escaped without taking necessary measures to rescue the victim or prevent danger on the road.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. The police statement concerning F;
1. Sable image images of a black stuffing video;
1. Each written diagnosis;
1. Application of the written estimate statutes;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;