beta
(영문) 부산지방법원 2017.12.13 2017고단4411

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On May 6, 2017, around 03:50 on May 6, 2017, the Defendant driven the back road in front of the “E Ski” located in Busan Jung-gu, Busan, with the speed from the parallel road of Tae-dong to the back of the main hospital.

At night, the place is a house's decline, and the person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right of the motor vehicle, and accurately manipulating the steering direction and the brakes.

Nevertheless, the Defendant neglected this and did not look at the front bank properly, and caused the victim FF (37 years old) to the Defendant’s taxi.

Ultimately, even though the Defendant suffered from the heat of the following arms in need of a medical treatment for about five weeks due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (to be accompanied by a written diagnosis of a victim), a criminal investigation report (to be accompanied by a written diagnosis of a victim), and a criminal investigation report (to be accompanied by a written diagnosis of a victim);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for reduction of amount of punishment [the scope of recommending punishment] In the case where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage even for the victim of the type 1 (from March to one year after the injury) in the area of special mitigation [the special mitigation person] after traffic accidents, the self-denunciation [the decision of sentence] is the above special mitigation person and the nature against the victim, there is no record of punishment exceeding the fine, and the comprehensive deduction of motor vehicles.