특정범죄가중처벌등에관한법률위반(도주차량)
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 of freight vehicles B, but also is a person who is engaged in driving freight vehicles.
On November 20, 2011, the Defendant, at around 18:30 on November 20, 201, proceeded ahead of the water Cheongwon-gu, Chungcheongnam-gu, Chungcheongnam-do, Sinjin-gu, Sinjin-do, with a view to the codinivity.
Since there is a place where the center line of yellow-ray is installed, there was a duty of care for a person engaged in driving service to safely drive his center line.
Nevertheless, the Defendant neglected to drive a vehicle without neglecting it, and caused the Defendant’s fault, which caused the Defendant’s collision to the part of the victim C (the age of 15) who was riding a bicycle on the front of the driver’s seat in the above vehicle, from the right side of the Defendant’s direction to the opposite part of the running direction.
Ultimately, even if the Defendant suffered injury to the victim, such as “fashion of the upper part of the body,” which requires approximately eight weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures to rescue the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Each photograph;
1. Medical certificates and opinions;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a full agreement is reached with the victim, the fact that the crime is recognized and reflected);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;