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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a driver of a passenger car with B highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.
On August 15, 2019, at around 23:45, the Defendant: (a) while driving the said vehicle at a point of 8.6 km in Incheon, which is located in Seo-gu, Incheon, along the two-lanes in the direction of Incheon, and driving the said vehicle at a point of 8.6 km to about 70 to 80 km each hour; (b) neglected to perform the duty of care to prevent accidents in advance by accurately manipulating the operation of the steering and steering devices, etc.; and (c) neglected to perform the duty of care to prevent accidents in advance; (d) neglected to perform the duty of care to prevent the accident, the lower part of the D high-speed car driven by the victim C while driving the vehicle at the front part of the Defendant’s driving vehicle, resulting in the injury of the said victim, and at the same time, with the repair cost of the victim’s rear driver, etc. at a point of 1,956,106 won, and did not immediately leave the vehicle to rescue the scene.
2. The Defendant violated the Road Traffic Act (unlicensed driving) was driving a motor vehicle at approximately 13 km section from the vicinity of Incheon Gyeyang-gu to the Incheon Michuhol-gu, Incheon, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. A written diagnosis and written estimate;
1. Application of each statute on photographs;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;