특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 service of BL125.
At around 22:00 on May 17, 2014, the Defendant driven the above Oralba, and turned the front way of the National Bank, which is located in 270 Dong-dong Seoul Mapo-gu, Mapo-gu, Seoul, into an active duty-free area, from the front direction of the National Bank.
In such cases, a person engaged in the Otoba driving has a duty of care to live well in the front left, and to drive Otoba in accordance with the new code.
Nevertheless, the Defendant neglected his duty to stop on the front side and did not stop on the stop signal, and was due to the negligence, which was left from the right side of the course of the Defendant, and received the wheels of the victim C(30 years old) driving with the right side of the crosswalk in accordance with the signals, from the right side of the Defendant’s course.
The Defendant caused the foregoing traffic accident, thereby causing the victim to suffer from the left-hand and anti-fashion of the upper-hand body, which requires approximately ten weeks of medical treatment, and at the same time, the Defendant left the site without immediately stopping the damaged Dababa, etc. to take necessary measures, such as providing relief to the victim, while leaving the site.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Reports on traffic accidents, investigation reports (on the spot signal, etc.-related investigations);
1. Application of the written estimate, written diagnosis, photograph of destruction of damaged vehicles, and statutes governing field photographs;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.