특정범죄가중처벌등에관한법률위반(도주치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 who is engaged in driving a B-learning car.
On July 6, 2017, around 13:35, the Defendant moved the front road to the new head of the Si/Gun, from the front side of the Gandong-gun, about 20 to 30km away from the boundary of the new head of the Si/Gun.
Since there is a road that has a lot of traffic of people and an intersection that is not equipped with a signal apparatus, there was a duty of care to make a bypass after reducing the speed in advance to those engaged in driving service and checking the right and the right and the right of the road well and checking the safety of the course.
Nevertheless, the defendant neglected this and did not discover the victim C (74) who has entered the road at the hump office where he was on the right side of the passenger car operated by the defendant and got the victim's bicycle to go beyond the victim's bicycle.
As a result, the Defendant, as a result, suffered from an injury to blood from an external shocking in the absence of two wounds, which require approximately eight weeks of treatment, and at the same time, destroyed the bicycle owned by the victim to be repaired in an amount equivalent to KRW 115,00,00, and escaped without immediately stopping the bicycle and taking necessary measures against the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Each written diagnosis and written estimate;
1. A survey report on actual conditions;
1. Application of the Acts and subordinate statutes governing CCTV shooting CDs;
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;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. The Criminal Act for mitigation of quantity;