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 this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a passenger car B.
On June 5, 2013, at around 09:45, the Defendant was driving along the two-lanes in the CGV front of the CGV in Suwon-si Transferdong, and the Defendant was driving along the four-lanes of the agricultural and fishery product market from the bank.
In this case, the person engaged in the driving of motor vehicles had a duty of care to prevent accidents by checking the front, rear, and left and right well.
Nevertheless, the Defendant neglected this and led the victim C(the age of 35) who stops in order to air traffic at the front of the vehicle without a driver's license by negligence while driving the vehicle at the front of the vehicle, and led the driver to the front of the vehicle of the Defendant.
Ultimately, the Defendant, through occupational negligence as seen above, sustained injury to the victim E (the age of 82, female) who was on board the victim C and the victim’s vehicle for about three weeks in need of medical treatment, and, at the same time, escaped without immediately stopping a vehicle and taking necessary measures, even though the Defendant damaged the victim’s vehicle to have approximately KRW 1,478,826 of repair costs.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Each written diagnosis;
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, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 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 each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant’s driver’s vehicle is covered by a comprehensive insurance.