특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in driving of a 1 ton cargo vehicle B.
On January 20, 2014, the Defendant driven the above cargo vehicle around 22:35, and led to a five-lane road in front of the Mari-ri-si, Busan, Busan, and the five-lane road in front of the apartment complex, from the parallel of the Olympic Games, to the shipping zone at a speed of about 50km.
At the time, there is an intersection in which signal lights are installed at night and on the front side, so there was a duty of care to prevent accidents by accurately manipulating steering devices, brakes, etc. by reducing speed and properly manipulating signal signals to those engaged in driving of motor vehicles.
Nevertheless, the defendant neglected to do so and proceeded at the above intersection with the stop signal and received the back portion of the passenger car volume of the victim C(W, 52 years old) driving as the front portion of the cargo vehicle operated by the defendant.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence for about three weeks, and at the same time, the repair cost, such as the exchange of a panion, was destroyed to the extent that the 3,204,846 won was damaged, and the Defendant escaped without any necessary measures, such as aiding the victim by immediately stopping the vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A traffic accident report (1) (2);
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15489, Apr. 1, 201);
1. Article 62(1) of the Criminal Act: