특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not more than ten 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 vehicle B with B EW.
On October 16, 2016, the Defendant driven the above car at around 07:43, and continued two lanes in front of the Road Traffic Authority located in the Southern-gu Busan metropolitan area along the direction of the TBN Broadcasting Station.
Since there is a road where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to protect the vehicle line and drive the motor vehicle safely.
Nevertheless, the Defendant neglected to do so and received the top part of the D Village bus driven by the injured party C(37 tax) who is driving at one-lane in the opposite direction due to the negligence of driving the central line.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as “dump and tension,” which requires medical treatment for about two weeks, and at the same time, destroyed the above village bus to have an amount equivalent to KRW 1,818,771, such as the exchange of the front offender, and escaped without taking measures, such as stopping and providing relief to the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement by the police for C and E;
1. A traffic accident report (1, 2);
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 (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 accident);
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 on the suspended execution;
1. Although the criminal defendant's responsibility for sentencing Article 62-2 of the Criminal Act is one of the reasons for sentencing, the defendant is led to confession, and the victim is the victim.