특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On May 15, 2017, the Defendant driven the above vehicle at around 07:20, while proceeding about 40 km from the ririth to the locking side along the four-lane road near the new intersection road in Gangdong-gu Seoul, Seoul, along the Olympic Games, at the speed of about 40 km from the rithm to the locking side, and changed the lane to the intersection of the new intersection of the National Cancer.
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by operating a direction, etc. in advance, giving prior notice of the change of the lane, and changing the movement of another motor vehicle that is driven in the vehicle intended for entry into the lane.
Nevertheless, when the defendant neglected this, did not operate the direction without operating the direction, and changed the lane of the car of the defendant by negligence, the defendant received the left side part of the Echip car driven by the victim D (43 ) which was driven on the right side of the defendant's car, as part of the right side of the defendant's car.
As a result, the Defendant suffered injury to the victim, such as light salt in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant destroyed the car to come up with KRW 2,454,681, such as the left-hand door exchange, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the car.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. All camblings and video-shields;
1. Photographs of damaged vehicles;
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 penalty: