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 engaged in driving a motor vehicle B with detached motor vehicles.
On May 21, 2018, the Defendant driven the above vehicle at around 21:58, and moved the road prior to the “D veterinary hospital” located in C at the time of permanent residence to the private crossing from the side of “E Busan”.
Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.
Nevertheless, the Defendant neglected this and proceeded along as it is, due to the negligence of the Defendant, received the front part of the vehicle driving by the Defendant on the left-hand side of the victim F (67 tax) who cross the crosswalk from the right-hand side to the left-hand side according to the pedestrian signals.
Ultimately, even if the Defendant suffered from an injury by an open wound, etc., which requires two weeks of medical treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Reports on the occurrence of a traffic accident, reports on each traffic accident, and photographs and diagnosis reports on each accident site;
1. The application of Acts and subordinate statutes to the traffic signal control ledger and the traffic signal control ledger;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from August to June) of the first type (the escape after the injury or injury) after traffic accidents; and
2. The crime of this case committed by the defendant who was walking along the crosswalk shall be injured by shocking the victim.