특정범죄가중처벌등에관한법률위반(도주치상)
The punishment of the accused shall be determined by a year of imprisonment.
However, the execution of the above punishment for three years from the date of the final judgment.
Criminal facts
The defendant is a person engaged in driving a observer car.
On December 25, 2012, the Defendant driven the above car at around 19:30 on December 25, 2012, and continued the front road at the entrance of the apartment at Ansan, along three-lanes from the inner bank to the horizontal bank.
At the same time, there was a vehicle stopping in the signal air at the front, so there was a duty of care to prevent the accident in advance by safely driving the person engaged in the driving of the motor vehicle with the duty of care to safely drive the motor vehicle while keeping the front left well.
Nevertheless, the Defendant neglected this and proceeded with the Defendant’s fault, which led to a shock of the back part of the victim D (ma, 34 years old) driving, which was stopped for the signal atmosphere in the front direction of the Defendant’s proceeding.
Ultimately, even though the Defendant was negligent in performing the above occupational duties to the victim F (V, 34 years old), and the victim G (V, 6 years old), respectively, suffered from the injury of climatic salt, etc. requiring approximately two weeks medical treatment, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents (one No. 1);
1. Each police statement concerning D;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes on accident sites and photographs of damaged vehicles;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: One year to thirty years;
2. The range of recommended sentences according to the sentencing guidelines (the determination of types) shall be the range of recommendations [the range of recommendations] according to the sentencing guidelines for traffic crimes, and the escape [the category 1] after bodily injury [the special person] mitigation factors: the area of recommendation and recommendation to escape (including serious efforts to recover damage).