특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is a person who is engaged in driving of Cras vehicles.
On October 10, 2007, the Defendant driven the above vehicle at around 19:00, and driven the 117-1st road in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, along the three-lanes of the 4-lanes from the front line to the front line. In such a case, the Defendant had a duty of care to look at the front line well and to prevent accidents by accurately operating the steering wheel and brakes.
Nevertheless, the Defendant neglected this and proceeded as it is while changing the lane to the four-lane due to the negligence of avoiding the previous stopping vehicles and changing the lane to the four-lanes, and received the back of the E-Wed vehicle driven by the victim D (In this case, 34 years old) as the front part of the Defendant vehicle.
As a result, the Defendant, by negligence in the above occupational negligence, sustained injuries such as catum salt, etc. requiring treatment for about three weeks, but did not immediately stop and take necessary measures such as providing relief to the victim, and even if the driving without a license insurance, etc., left away the vehicle at the accident place and escaped as it is.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 268 of the Criminal Act; choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;
1. The lower limit of applicable sentences by law: Six months of imprisonment;
2. The area to be mitigated in the course of escape after causing bodily injury to the escape after traffic accidents: The area to be mitigated according to the sentencing criteria.