특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person engaged in driving a BMW car.
On January 4, 2016, the Defendant driven the above car at around 04:20, and proceeded bypassing the distance from the west-gu, Seo-gu, Seo-gu, Seocheon-gu to the west-gu Ministry of Labor.
In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle.
Nevertheless, the defendant neglected this and neglected to stop from the front direction of the defendant's moving-in to the signal atmosphere due to negligence, and concealed the side of the victim C(60)'s driving of the signal atmosphere.
As a result, the Defendant suffered injury to the victim C, such as an influence for two weeks of treatment due to the above occupational negligence, and at the same time, destroyed the above damaged vehicle so that the repair cost would be equivalent to KRW 622,914, and escaped without any necessary measures, such as immediately stopping, checking the damage caused by the immediately stopping, and providing relief to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A medical certificate;
1. Written estimate;
1. A fact-finding survey report and a traffic accident occurrence report;
1. Application of Acts and subordinate statutes to each photographic and field map;
1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, 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 (the point of failing to take measures after traffic accidents), and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In a case where minor injury occurs (the person with special mitigation) in the area of special mitigation (the period between March and October), the area of special mitigation (the period between March and October), after traffic accidents.