특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for not more than ten months.
except that 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 the operation of the city bus B.
On January 11, 2013, the Defendant driven the above bus at around 13:35, and 6, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 18, 85, 3 lanes in front of the “Yong-gu, Yeongdeungpo-gu, Seoul” 85, the Defendant proceeded at about 30km from the shooting distance of the new hospital to the view of the Yeongdeungpo-gu market.
Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.
Nevertheless, the Defendant neglected to do so and proceeded without neglecting that the vehicle progress signal is changed to a stop signal, and due to the negligence of the Defendant’s course, left part of the victim C (M, 73 years old)’s left part of the elbbbow elbbow on the left side of the direction of the Defendant’s proceeding, was placed adjacent to the right side of the bus.
The Defendant, due to such occupational negligence, committed an injury to the left-hand body part of the upper part of the body, which requires treatment for about six weeks, but failed to immediately stop and take measures such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement on the occurrence of traffic accidents;
1. Reports on traffic accidents (report on actual condition) 1, 2;
1. CCTV-recording CDs;
1. Application of Acts and subordinate statutes of a medical certificate;
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 with prison labor concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);