특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of 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 motor vehicle with sod motor vehicle B.
On March 14, 2017, the Defendant driven the above car at around 22:08, and moved to the intersection of the morality-distance in the old airport via the Cheongju-si petition at the speed that cannot be known from the seat of the hotel of the Grand City to the seat of the Cheongju-si Hospital.
Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle had a duty of care to make a right-hand way without hindering the passage of another motor vehicle passing through the intersection in accordance with traffic signals by reducing the speed and by properly examining the direction and the rear side.
Nevertheless, the Defendant discovered police officers who are under drinking control and discovered drinking while drinking, so it is difficult to see the fact of drinking while drinking, and did not look at the front side and the rear side of the vehicle by avoiding the police officers, and instead did not look at the front side and the rear side, and received the front side of the DNA car driven by the Defendant as the left side of the vehicle of the Defendant.
As a result, the Defendant suffered from the victim’s share in salt for about two weeks in need of medical treatment due to the above occupational negligence, and at the same time, the repair cost was damaged to the extent that it exceeds approximately KRW 2,498,120, and the Defendant escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle.
Summary of Evidence
The application of Acts and subordinate statutes to the defendant's legal statement C reporting on the occurrence of traffic accidents in the police statement report, actual investigation report, and examination report on accident scene photo
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 (a point of view after an accident);
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. The former part of Article 37 of the Criminal Code, and Article 38.