특정범죄가중처벌등에관한법률위반(도주치상)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 a period of 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 first car in B.
On February 20, 2018, at around 00:50 on February 20, 2018, the Defendant had a duty of care to safely drive the two lanes from the front side of the cemetery 118-10, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu toward the direction of the original tunnel from the distance of sand deathr. The Defendant had a duty of care to safely drive the motor vehicle by accurately operating the steering direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are installed
Nevertheless, the Defendant neglected to stop the signal waiting at the front of the vehicle of the Defendant, with the part concerning the back of the victim C(66 years old), which was driven by the victim C(66 years old) driving on the front of the vehicle of the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as “satisf and tensions before the border line,” which requires approximately two weeks of medical treatment due to such occupational negligence. The Defendant destroyed the said SM5 car owned by the victim to cover KRW 1,130,912, including the back spread and exchange, but failed to take necessary measures, such as providing relief to the damaged person by immediately stopping the vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, etc.;
1. Inquiries into the driver's license ledger;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 of the Criminal Act: