특정범죄가중처벌등에관한법률위반(도주차량)등
1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
The Defendant is a person engaged in driving a rocketing car.
At around 22:55 on May 27, 2012, the Defendant proceeded with a two-lane road in front of the SK KK station in the Yellow-si, Sinsi, Sinsi, as one-lane, from the yellow commercial distance protection area to the same-sex protection area.
The defendant, prior to the same lane, was followed by the victim C(26 years old) driver's rocketing car, and thus, the person engaged in driving service has a duty of care to see the front door and to maintain a safe distance when the above vehicle stops.
Nevertheless, the Defendant neglected to do so and did not discover the victim's driver's car which was stopped under the new subparagraph, while neglecting it, and did not proceed with it, and received the part of the front part of the said rocketing car as the front part of the said rocketing car.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and, at the same time, escaped without any measure such as aiding the victim by immediately stopping, even though the repair cost is damaged to KRW 351,593.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a traffic accident report, photograph, chassis, actual condition survey report, accident site photograph, estimate, and medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of measures not to be taken after causing the injury by occupational negligence);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 of the Criminal Act for discretionary mitigation.