특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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 freight B and B.
On February 27, 2020, the Defendant driven the above cargo vehicle around 13:00, and driven the two-lane highway located at a point 47 km in Daegu-gu Highway, Daegu-gu, Daegu-si., the Defendant driven the two-lane road at approximately 90km each hour according to two-lanes from the "snick" room to the "Namwon."
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as accurately operating the steering direction and brake system by checking well the front side.
Nevertheless, according to the negligence that the Defendant neglected this and did not see the front section properly, the part of the back part of the victim C(Y, 41 years old)'s driving in the front section of the cargo vehicle in the same two-lane, which was driven at the top of the above cargo vehicle, was carried out as the front part of the cargo vehicle of the Defendant.
Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C and the victim E (V, 43 years old) who was on board the said K7 car operation chief, respectively, for approximately two weeks of medical treatment, and at the same time destroyed the said K7 car by having the repair cost of KRW 708,400, such as exchange of back panions, but failed to immediately stop at the scene of the accident and take necessary measures, such as rescue of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements and mail records of C and E;
1. Written estimate of repair costs for each medical certificate referred to in the 112 Report Report Processing Statement;
1. Application of Acts and subordinate statutes on accident site, vehicle photographs and CCTV photographs;
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 by applicable law;
1. Articles 40 and 50 of the Criminal Act shall apply to the case where the punishment is the most serious one.