특정범죄가중처벌등에관한법률위반(도주차량)등
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is a person engaged in driving B New EF rocketing motor vehicles.
On January 12, 2015, the Defendant driven the said car at around 04:50, the Defendant driven the said car along the two-lanes between the four-lanes from the side of the common intersection where the point 1.5 km away from the top intersection line of the Seoul Metropolitan Embri-dong, Manam-gu, Manam-si.
A person engaged in driving of a motor vehicle has a duty of care to change the vehicle line in accordance with the situation of traffic of the front and rear left in advance when changing the vehicle line.
Nevertheless, the Defendant neglected to do so and caused the Defendant to shock the left part of the D-math Cargo Vehicle driven by the victim C(56 years old) who was driving three lanes prior to the right part of the said rocketing-math vehicle due to occupational negligence that changed the said three lanes into the three lanes.
Ultimately, even though the Defendant, by negligence in the above occupational negligence, suffered from an injury to the victim, such as climatic and saved salt, etc., the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.
2. The Defendant did not immediately stop and take necessary measures despite the damage to KRW 3,906,100 of the repair cost by causing a traffic accident such as the above Paragraph (1) at the same time and at a place as the above Paragraph (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement concerning C;
3. A traffic accident report;
4. 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
2. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and for the choice of punishment.
3. Discretionary mitigation of mitigations Articles 53 and 55(1)3 of the Criminal Act.