특정범죄가중처벌등에관한법률위반(도주치상)등
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 the operation of BMW520d car.
On October 25, 2018, the Defendant driven the above car on October 25, 2016:27, which led to the driving of the above car in order to drive the front road C in order to go along five-lanes from the upstream of the Csan gymnasium.
Since there is an intersection where signal lights are installed, the defendant engaged in driving duty has a duty of care to drive safely according to good faith.
Nevertheless, the Defendant neglected this and received the victim D (the aged 40) who was on the left-hand turn in accordance with the new code from the part adjacent to the Defendant’s vehicle due to the negligent negligence in contravention of the signal, and received the front-hander of the EM-WI vehicle from the front-hander of the Defendant’s vehicle.
Ultimately, the Defendant offered a traffic accident by negligence in the course of business as seen above, thereby causing injury to the victim D, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, the Defendant escaped without taking necessary measures, such as providing relief to the victim and removing obstacles and risks to road traffic.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report on actual condition of the police and report on internal investigation (specific suspect);
1. A medical certificate (D);
1. Written estimate;
1. Application of Acts and subordinate statutes to photographs by cutting on the spot photographs, damaged vehicle parts, or fluorial images of damaged vehicles;
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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;