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 DM5 vehicle.
On February 8, 2017, the Defendant driven the said car at around 01:30, and driven the road of two lanes in front of the F cafeteria in Daejeon-gu, Daejeon-gu, with the two-lanes from Daejeon-do to Scenic Park (the Chinese highest) at the speed of about 40km each hour.
At the time, there was a three-distance intersection installed by signal signal at the front of the night, so there was a duty of care to reduce the speed and prevent the accident by driving safely in accordance with the traffic signals.
Nevertheless, the Defendant neglected this and neglected the part of the victim G (42 ) where the Defendant was stopping in accordance with the vehicle stop signals due to the negligence of driving at the same speed, and received the back part of the H MH car driven by the Defendant.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about 24 days, and at the same time, destroyed the damaged vehicle’s repair cost amounting to approximately KRW 1,263,00, but failed to immediately stop to rescue the damaged vehicle and escape without taking other measures, such as aiding the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police in relation to G;
1. A traffic accident report, accident-related photograph, etc.;
1. Two copies of a written diagnosis and a written estimate;
1. Application of Acts and subordinate statutes to a report on investigation (verification of the number of days for victim G treatment);
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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.