특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above 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 the duty of driving a motor vehicle B.
On October 26, 2017, the Defendant driven the above car at around 20:15, and led the D three-distance intersection in south-gu C at the port, Nam-gu, Nam-gu, to proceed from the west of the Korean polytex University to the intersection of the raw materials tunnel.
Since there is a road where signal lights and central lines are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely without breaking the central line according to the new code by accurately manipulating the steering left and right, and the steering system of the motor vehicle.
Nevertheless, the Defendant neglected this and proceed as it is to the stop signals, and the victim E (V, 55 years old) who was waiting in the opposite direction at one-lane due to the negligence of the central line, was faced with the front driver's left-hand side of the front driver's vehicle operated by the Defendant.
Defendant 1 caused injury to the victim, such as salt, tensions, etc. of the whole species of the light that require approximately two weeks of medical treatment due to such occupational negligence, and Defendant 1 escaped without taking necessary measures, such as providing relief to the injured party by stopping, even though the damaged passenger car, which is the victim, is damaged to fall under KRW 1,455,661, such as the exchange of a panion.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A traffic accident report;
1. A medical certificate;
1. Written estimate;
1. Application of each statute on photographs;
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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The Criminal Act, the suspension of execution;