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 became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On July 7, 2013, the Defendant driven the above cargo vehicle on the 01:55 on the 01st day of July, 2013, and proceeded in front of the road in the Southern-dong-dong-dong-dong-dong-si, the front of the Southern-dong-dong-dong-dong-si
At the time, at night, the victim C (the age of 39) is driving at the front of the defendant's driving direction, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by keeping the front side and the right and the right and the right and the right and the right and the right and the right and the right and the safety distance.
Nevertheless, the Defendant neglected this and got the back portion of the above SM3 car which was proceeding on the front side by negligence, and received the front portion of the passenger car.
The Defendant, by such occupational negligence, sustained injury to the victim C and the victim E (V, 44 years old) who was on board the said SM3 car, including base salt and tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, destroyed the said SM3 car to be repaired by an amount equivalent to KRW 8,401,030, but failed to immediately stop and take necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. E statements;
1. Written estimate;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of failing to take measures after an accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of the kind of punishment as alternative imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, purchase of comprehensive automobile insurance, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);