특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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 C-A-hurd motor vehicle.
On April 5, 2017, the Defendant driven the said car at around 21:53, and proceeds from the two-lane road in front of the E, which is located in Scheon-si D from the full-time intersection to the air-section area in front of the city, at about 70km each hour according to the two-lanes. The Defendant changed the two-lane from the two-lane to the one-lane.
When changing the vehicle line, the driver has a duty of care to give an advance notice of the change of course by operating the direction, etc. and to change the vehicle line in line with the situation of traffic before and after the change.
Nevertheless, the Defendant neglected this and caused the damage to the left-hand side by changing the vehicle line into the left-hand side of the victim F (W, 33 years old), which was driven at the right-hand side of the passenger car of the victim F (W, 33 years old), to the left-hand side of the vehicle of the Defendant.
Defendant F and the victim H (V, 43 years old) who took advantage of the above damaged passenger vehicle due to occupational negligence as above suffered injury to each of the following: (a) the victim F and the victim H (W, 43 years old); and (b) at the same time, the above damaged passenger vehicle was damaged by KRW 724,744 as repair cost; and (c) did not take necessary measures such as providing relief to the damaged passenger by immediately stopping the said vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Each written diagnosis;
1. Application of the written estimate for vehicle repair;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;