beta
(영문) 의정부지방법원 2019.09.18 2019고단2063

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of Bsch Rexton sports cargo cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On April 13, 2019, around 21:22, the Defendant promoted the two-lane roads in front of the C Apartment in the city of Jung-si from the direction of D Apartment to the direction of E Middle School.

At night and its location are apartment streets, so the person engaged in driving of the motor vehicle has a duty of care to reduce speed or to make a right-hand turn on the front direction of the course, and to accurately manipulate the steering gear, brake system, etc. and prevent the accident from occurring.

Nevertheless, due to the negligence that the Defendant was unable to thoroughly perform his duty of care when driving a stroke in the front direction while neglecting the above duty of care, the Defendant discovered HE300 bents car of the victim G (Y, 53 years old) who was driven in the front direction of the car driving in order to make a right-way in the direction of the F apartment in the front direction of the car driving direction, and was fast down, but the Defendant did not avoid the said duty of care, and did not go against the Defendant’s cargo vehicle behind the victim’s vehicle.

피고인은 위 충격으로 피해자의 승용차가 F아파트 방향으로 튕겨져 나가면서 마침 F아파트 방향에서 D아파트 방향으로 좌회전하기 위해 대기 중이던 피해자 I(39세) 운전의 J VD125 오토바이 전륜 부분을 재차 충격하면서 위 도로 옆 보도에 있던 전신주를 들이받아, 피해자 G에게 약 5주간의 치료가 필요한 우측 늑골 골절 등을, 피해자 I에게 약 2주간의 치료가 필요한 머리내 열린 상처 없는 뇌진탕 등을, 피해자 G의 승용차에 동승하고 있던 피해자 K, 피해자 L에게 각각 약 3주간의 치료가 필요한 요추 염좌 및 긴장 등을 각각 입게 함과 동시에, 피해자 G의...