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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who drives a car by borrowing C.
On June 18, 2014, around 21:50, the Defendant, at the speed of 20 km from the direction of the Sinsan Elementary School to the direction of the Sinsan Elementary School, the three-lane road in front of the 80-2 119 Safety Center in Seo-gu, Seo-gu, Incheon.
At this point, there is a duty of care to ensure that a person engaged in driving of a motor vehicle can well see the front side and the right and the right and the right, and to accurately operate the steering and brakes.
Nevertheless, the Defendant neglected the operation of the victim D(n, 59 years old) driving vehicle due to negligence and found late that the E-ray vehicle of the victim D(n, 59 years old) was in the front section of the Defendant’s vehicle and was temporarily stopped due to the cross-road stop signals, and then concealed the part of the Defendant’s vehicle back to the front part of the damaged vehicle.
The Defendant, by such occupational negligence, sustained injury to salt, tensions, etc., which requires medical treatment for about two weeks, and at the same time, escaped without immediately stopping a vehicle owned by the victim while destroying approximately KRW 1,310,507 to repair the said vehicle, and without taking any measures, such as providing relief to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual conditions;
1. A medical certificate;
1. Application of the written estimate statutes;
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 (the point of absence of accident) concerning the crime;
1. Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, in which any punishment is more severe) of the ordinary concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (a relatively minor point in the degree of damage, etc.);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. Social services and.