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 a CSP car.
On February 8, 2017, the Defendant driven the above car at around 22:48, and continued two lanes in front of the three-lane 104, Seo-gu Seoul, Seodaemun-gu, Seoul, with two parallels per hour from the off-distance off to the red-distance off to the two parallels per hour.
At the time, there was a duty of care to safely proceed with the central line and prevent the accident in advance.
Nevertheless, the Defendant neglected this and proceeded with the median line while driving the center, and did not discover the E-learning car that gets driven by the victim D (30 cc) who gets the center line in one lane in the same direction of the proceeding, and did not see it, and the left part of the victim's right part was shocked with the front part of the driver's vehicle.
Ultimately, the Defendant, by occupational negligence, suffered salt and tensions in need of treatment for the victim about two weeks. Although the damaged vehicle was damaged to an extent equivalent to KRW 900,579, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reporting of a traffic accident (1) (2);
1. A written diagnosis and written estimate;
1. Application of the Acts and subordinate statutes to photograph by capturing at the time of an accident;
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 (the point of non-measures after the injury from duty) concerning the crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.