특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in driving a CMW car.
On November 9, 2014, the Defendant driven the said car around 00:30 on November 9, 2014, while driving the said car at approximately 80km in speed from Guri-ri to 3-lane in Seoul.
At night, in such a case, a person engaged in driving of a motor vehicle is obliged to accurately operate the steering gear, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others depending on the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to safely report the traffic situation and prevent accidents in advance by driving the motor vehicle safely.
Nevertheless, the Defendant neglected such duty of care and did not accurately operate the steering gear, and did so, the Defendant met the part on the right side of the vehicle operated by the Defendant, which was driven by the victim D(31 years of age) who was driving in two lanes from the front side of the Defendant’s vehicle.
The Defendant, due to its shock, sustained bodily injury, etc. to the affected party during about two weeks of medical treatment, and at the same time, destroyed the said A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each written diagnosis and estimate for damaged vehicles;
1. Application of Acts and subordinate statutes to accident vehicles and on-site photographs (investigative records 11-16 pages);
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. Article 53 of the Criminal Act for discretionary mitigation.