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
Around 19:30 on March 24, 2013, the Defendant driven a Ccoison vehicle and proceeded at a speed of about 40 km from the original station to the 6-lane in front of the Scoison Scoison Station in Sungnam-gu, Sungnam-si.
A person engaged in driving of a motor vehicle has a duty of care to accurately operate steering gear and brakes, and to safely drive the motor vehicle by keeping the steering gear and brakes well.
Nevertheless, the defendant neglected this and caused the left part of the E-to-hand vehicle operated by the victim D (ma, 56 years old) who was in the right turn at the two-lane due to the negligence of driving without looking well at the front side.
The Defendant, due to the above occupational negligence, suffered injury to the victim, such as the 3th left-hand 20 weeks of medical treatment, and at the same time, did not immediately stop the victim’s vehicle while causing damage to the 8,825,90 won of repair expenses, and escaped without taking measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report;
1. A medical certificate;
1. Application of Acts and subordinate statutes in writing of 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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act has the record of being sentenced to a fine due to drunk driving in 2001.
A comprehensive insurance policy has been subscribed and some amount has been deposited for victims.
In consideration of all these points, the same type as the order shall be determined.