beta
(영문) 춘천지방법원 원주지원 2016.04.06 2015고단1151

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crano cargo vehicles.

On November 6, 2015, the Defendant driven the above cargo vehicle around 05:10, and proceeded at a speed of about 70km at the speed of about 70km from the beginning point of the original camp of the school of the household to the starting point of this et-4, which is located at the interest rate of 2-4 in the interest rate of the principal.

Since the location is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the victim D(47) driving E-learning Vehicle, which was under turn to the left from the front side of the said cargo vehicle to the right side of the said cargo vehicle, in accordance with the normal new code due to the negligence of the Defendant’s failure in driving the said cargo, from the front side of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about three weeks, and, at the same time, did not immediately stop the said car and abscond without taking measures, such as aiding the damaged person, even though the said car was damaged to bring about an amount equivalent to KRW 3,089,975.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;