특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for one year.
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 the duty of driving Cknife car.
On August 18, 2018, the Defendant was driving the above car at around 01:38, while driving the vehicle and driving it to the coast from the ero middle school along the two-lanes, the signal waiting stop was made while driving the front distance of the off apartment at the ero, which is located in the upper frame of the Yasan City, Yasan-si.
In such cases, there was a duty of care to operate safely by accurately operating the steering and brakes of motor vehicles.
Nevertheless, the Defendant neglected to stop and neglected to stop the signal waiting at the front of the Defendant, thereby resulting in the Defendant’s failure to stop to stop the signal waiting at the front of the Defendant, and received the front part of the Defendant’s vehicle behind the Defendant’s car.
Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the Defendant’s salt and tension that requires approximately two weeks of treatment, and at the same time, did not take necessary measures, such as immediately stopping the injured party by immediately stopping the vehicle while destroying the 1,875,025 won of repair expenses.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by considering the following normal relation with the reasons for sentencing.
· Unfavorable circumstances: The fact that two times of drinking driving power, however, causes an accident while driving in the state of drinking again.