특정범죄가중처벌등에관한법률위반(도주차량)
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 of B Poter cargo vehicles.
On December 27, 2014, the Defendant was driving the above cargo vehicle around 15:57, and was driving in the direction of the transmission distance from the north port to the north port, along with the middle salary of the Dong-gu Incheon Metropolitan City.
However, by negligence of violating the duty of safe driving due to the failure to live well on the front side and the left side of the said cargo, the victim C (Nam, 36 years old) driven by the bicycle driving on the right side of the said cargo beyond the victim.
As a consequence, the victim suffered from the injury of scopical salt, etc. which requires treatment for about three weeks due to the shock, but the victim immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Where a minor injury has occurred in the area of special mitigation (3 to 10 months) (including special mitigation) after a traffic accident, the decision of sentence ] imprisonment without prison labor for eight months, suspension of execution, community service and 80 hours, and 40 hours of an order to attend a course;