특정범죄가중처벌등에관한법률위반(도주차량)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 engaged in the operation of Cbents' automobiles.
On October 25, 2013, the Defendant driven the above car at around 04:36 on October 25, 2013, and proceeded with the intersection of the Seoul metropolitan area located in Dobong-dong, Seoul Special Metropolitan City, Seocheon-gu, with the view to the shooting distance from the boundary of the new forest street.
Since there is a signal, there was a duty of care to drive safely according to good faith.
Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle progress signal is changed to a stop signal, and was negligent in proceeding as it is, the Defendant received the front part of the victim D(41 years old) driving ES5 car in front of the EM5 car in the direction of proceeding from the right side of the Defendant’s driver’s vehicle to the right side of the vehicle.
The Defendant, by such occupational negligence, sustained injuries, such as cage 10, 11, 12 of the fresh 10, 11, and 12 of the fresh part, which require treatment of the victim for about six weeks, and at the same time, destroyed the front fresh, etc. of the said vehicle to have an amount equivalent to KRW 18,304,360, but escaped without immediately stopping and taking necessary measures such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. A medical certificate;
1. Written estimate;
1. Application of the photographic Acts and subordinate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);
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 punishment and limited imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):
1. Article 62 of the Criminal Act: