beta
(영문) 대구지방법원 2015.11.12 2015고단4517

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C 25 tons of dump trucks.

On May 23, 2015, the Defendant driven a dump truck on the dump truck on the 21:45th day of May, 2015, and proceeded along a two-lane of the alternate distance shift, which is located in Geumcheon-si, Geumcheon-si, Geumcheon-si, in one lane from the side of the Si/Ycheon-si to Daegu-si, while changing the two-lane line.

At the same time, the E SP car driven by the victim D(W, 31 years old) is under way on the right side of the two-lanes at the time, so in such a case, the driver had a duty of care to change the course and prevent the accident by driving the direction, etc. to the person engaged in driving service, and to ensure the traffic situation of the front and rear left-hand.

Nevertheless, the defendant neglected this and changed the two-lanes of the vehicle into the two-lanes as it is, and received the rear part of the driver's seat of the said vehicle into the front part of the right side of the said dump truck, and the said vehicle turned into the direction of visual opposite to the dump truck and came to conflict with the central separation zone of the road.

As a result, the Defendant suffered injury to the victim, such as brain salva, which requires two-day medical treatment due to the foregoing occupational negligence, and at the same time, the Defendant destroyed the said car to the extent that the repair cost, such as the 1,140,078 won, such as the salva salva, and escaped without taking necessary measures, such as stopping the car, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 destroying and damaging property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;