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 driving a BP car.
On February 1, 2019, the defendant, without obtaining a driver's license on February 21, 2019, proceeded from E to F, the intersection in front of the D convenience point in the Geum-gu, Busan.
Since there are many vehicles passing through, they have a duty of care to prevent accidents by temporarily stopping or slowly driving the vehicle prior to the entry into the intersection, while keeping the traffic situation in the intersection well and safely.
Nevertheless, the Defendant neglected this and went to port from the right side of the direction of the Defendant’s driving by the negligence of entering the intersection without obtaining a driver’s license, and the part of the victim G(Y, 60 years old)’s left side side of the Defendant’s driving car was turned to the front part of the Defendant’s driving car.
Ultimately, the Defendant, due to the above occupational negligence, suffered damage to the reputation of head and other parts in need of treatment for about two weeks, and escaped without immediately stopping the said car and taking measures, such as aiding and abetting the victim, even though the Defendant damaged the said car to fall under KRW 2,228,466.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer in G (Simplified traffic);
1. A medical certificate;
1. Four copies of a written estimate; and
1. Two copies of video images of parking cars;
1. A report on investigation;
1. Application of Acts and subordinate statutes to the report on traffic accidents;
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, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes Selection of Punishment, etc.
2.Article 40 of the Criminal Code of Trade and Trade.