특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
At around 04:30 on September 21, 2018, the Defendant was a person engaged in driving a passenger car Benz A200, and the Defendant continued to drive a 784 high-speed road in front of the Central Area from the Central Area along the three-lanes from September 21, 2018.
At the time, it was difficult for the victim C (55 years old) to run on the right side of the defendant on the four-lanes, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as checking the front and rear left, accurately operating the steering gear and brakes, avoiding collision with the right side, etc.
Nevertheless, the defendant neglected this and changed the course from three lanes to four lanes in front of the victim's vehicle while driving ahead of the victim's vehicle, which led to the driver behind the victim's vehicle.
As a result, the Defendant suffered injury to the victim, such as light dump, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant did not immediately stop the damaged vehicle so that it can lose repair costs, and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. The actual survey report and the report on the occurrence of traffic accidents;
1. Medical certificates and medical records;
1. Application of Acts and subordinate statutes governing photographs of damaged vehicles, melting vehicles;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;