특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 was engaged in driving a benz car.
On August 3, 2016, the Defendant driven the above car on August 19:30, 2016, and driven the road of two-lanes in front of Mapo-gu Seoul, Seoul, with one-lane in the direction of golf from the upper investigative distance, and led to driving a bicycle driven by the victim D (E is deemed to be a clerical error, and E is deemed to be a clerical error) who is going on the front side of the Defendant.
In such cases, a person engaged in driving of a motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle ahead, and it shall not exceed the median line, and there was a duty of care to overtake in a safe speed and manner, such as using a horn, depending on the speed and route of the motor vehicle ahead and the road conditions.
Nevertheless, the Defendant neglected this, while driving a motor vehicle coming from the opposite direction while overtaking the bicycle on the left side of the victim's bicycle, and did not properly see the victim's bicycle, and caused the victim to go beyond the ground with the front wheel part of the bicycle driving by the victim with the rear wheeler part of the above vehicle.
After all, the Defendant, by the above occupational negligence, left the victim's left-hand body in need of approximately six weeks of treatment, and immediately stopped and escaped without taking measures such as aiding and abetting the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Report on investigation;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;
1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;