특정범죄가중처벌등에관한법률위반(도주차량)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 CAD car.
On April 16, 2015, the Defendant driven the above car at around 04:00, and driven the road of four-lanes in front of Gwanak-gu in Seoul Special Metropolitan City along three-lanes from the direction of the chill road.
At the same time, the victim E(the 31-year-old driver) is driving in the four-lane direction, and thus, a person engaged in driving a motor vehicle has a duty of care to change course by considering the speed, distance, etc. of the motor vehicle driving in the direction of changing the course of the motor vehicle before changing the course of the motor vehicle and without impeding normal traffic of the motor vehicle.
Nevertheless, the defendant neglected this and changed the course from the three lanes to the four lanes, and caused the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver
Ultimately, the Defendant, by negligence in the course of performing the above duties, escaped without taking necessary measures, such as providing relief to the victim E (the 31-year-old) even though he was damaged by approximately KRW 3,504,00 in repair cost, thereby causing injuries to the said arms, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Reports on traffic accidents, actual condition investigation reports, and reports on occurrence of traffic accidents;
1. Statement to E by the police;
1. Investigation report (verification of CCTV images around the site);
1. CCTV video CDs;
1. Determination as to the defense counsel's assertion of a medical certificate or investigation report (the confirmation of the injured party's estimate of acceptance)
1. The summary of the argument is that the defendant, without knowing the occurrence of the accident at the time of this case, leaves the scene, and there is no criminal intent to escape.
즉, 피고인은 졸음운전을 하던 도중 핸들을 놓쳐 차량이 차선을 이탈하였는데, 뭔가 툭 부딪히는 소리가 나서 잠이...