특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor 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
The defendant is a person who is engaged in driving a passenger car at Benz S350.
On August 6, 2020, the Defendant driven the above car at a speed of 04:50, and proceeded at a speed below the two-lanes between the two-lanes from the king basin to the evisdo, at the evisdo, by driving the same car at a speed of 5:0,000.
A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear, and by accurately manipulating the steering system and steering gear.
Nevertheless, the Defendant neglected to perform his duty at the front of the day, and caused the Defendant’s negligence to shock the part behind the Estrawing car of the victim D( South, 78 years old) driving at the front of the signal at the one-lane, which led to the Defendant’s failure to perform his duty at the front of the day.
As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment by occupational negligence as above. At the same time, the Defendant, while destroying damaged vehicles so that 8,221,266 won can be repaired, did not take necessary measures, such as aiding the victim at the site, and escaped without setting up the vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report;
1. Medical certificate (D);
1. Application of written estimates (E) Acts and subordinate statutes;
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, Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after destruction) concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act - The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") and the crime of violation of Road Traffic Act (non-measures after an accident), and punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following) for mitigation of amount: