특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for six months.
except that 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
The defendant is a person who is engaged in driving a clerical error on the number code.
On March 28, 2012, the Defendant driven the Orabaon around 21:45, and proceeded at a speed at the speed of the Incheon District Court, depending on the two-lane roads in front of the 2-lane 125-1, Nam-gu, Incheon, Nam-gu, Incheon, along the two-lane roads in front of the 2-lane 125-1.
A person engaged in Otoba has a duty of care to check and safely proceed with the safety of the course by taking into account the traffic conditions of the frontline.
Nevertheless, the defendant neglected this and got the victim C (the age of 51) who was landed in front of the bus vehicle B in the time-mast signalling atmosphere while driving.
Ultimately, even though the Defendant suffered from an injury, such as light or saved salt, etc., for about three weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement to C by the police;
1. A report on a traffic accident, a survey report on actual condition, and a report on initial action at the site of a traffic accident;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect in depth on criminal conduct);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the decision of type] for sentencing under Article 62-2 of the Criminal Act [the decision of the recommended area] The basic area [the scope of recommendation area] 8 to 1 year and 6 months [the general person] - reflects (the scope of punishment) serious factors for mitigation: Special Cases : Article 5-3 (1) 2 of the Act.