beta
(영문) 대구지방법원 김천지원 2017.05.16 2016고단1669

특정범죄가중처벌등에관한법률위반(도주치상)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 who is engaged in driving of a C Poter cargo vehicle.

On October 2, 2016, the Defendant driven the above cargo vehicle around 18:50 on October 2, 2016, and led to the driving of the above cargo vehicle along the road of the Gu-U.S. Island D in front of the Gu-U.S., along the intersection distance from the upstream to the intersection.

At the time, there is a road where the center line of the yellow-ray was installed at night and at that time, and in this part, the passenger car driven by the victim E (45 Do) was in progress, so there was a duty of care to look at the front and the left and right of the vehicle, and to safely operate the vehicle.

Nevertheless, the Defendant neglected this and received the front left-hand side of the said low-speed car from the left-hand side of the said cargo vehicle due to the negligence of entering the central line.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as brain-dead, etc. requiring medical treatment for about three weeks, and escaped without taking necessary measures, such as providing relief to the victim, even though large amounts of waves were scattered on the road by destroying the left side of the above low-priced car to cover KRW 5,427,530, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs by cutting on-site photographs, on-site inspection photographs, black stuffs image images;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)