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 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 of Cknif trucks.
On March 9, 2017, the Defendant driven the above-mentioned vehicle around 23:23 on March 23, 2017, and moved to the right-way of about 60km each hour from the four-lane to the four-lane each hour, depending on the two-lane each hour between the two-lanes.
At the time of night, there was a duty of care to prevent accidents in advance by safely driving by checking whether there is a vehicle prior to the front of the front of the vehicle in a person engaging in driving of a motor vehicle, because the front of the night was in a state of the front of the road.
Nevertheless, the Defendant neglected this and went through without examining the traffic situation of the front bank. On the other hand, the Defendant received the back part of the victim D(50) drive E in front of the Defendant’s running lane in accordance with the pedestrian driving signals prior to the Defendant’s running lane as the front part of the cargo vehicle of the Defendant.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by stopping immediately, even if the repair cost, such as exchanging back a passenger car, is damaged to the degree of KRW 1,949,913, such as cutting back a car.
[Judgment as to Defendant and defense counsel]
1. After having paid the instant accident, the Defendant: (a) confirmed whether the victim, who is the driver of the victimized vehicle, was injured; and (b) believed that the victim would take advantage of the Defendant’s vehicle due to the risk of the accident at the time due to the shock and cruelness of the said accident; and (c) went out of the scene of the instant traffic accident, the Defendant did not leave the scene with the criminal intent of escape.
2. Legal doctrine
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides “The Road Traffic Act, such as Relief of Victims,” Article 54 of the same Act.