beta
(영문) 대전지방법원 천안지원 2018.03.29 2017고단2686

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a cood car in a frequently or frequently.

On September 26, 2017, the defendant, around 10:31, followed by one-lane of the two elementary schools to the intersection of the mountain.

At this point, there is a central line, which is a yellow solid line, and there is a small channel, so the driver has a duty of care to drive in order not to go beyond the central line.

However, the Defendant neglected such duty of care and was negligent in driving a motor vehicle in the center line, thereby leading up to the left side of the motor vehicle owned by the victim D (Y, 43 years old) who was running a motor vehicle in the center line.

In this accident, victims suffered injuries, such as cage cage cages in need of approximately 2 weeks of medical treatment, and approximately 2,458,665 won of repair costs were the vehicles owned by the victims.

However, the Defendant immediately stopped and escaped without taking necessary relief measures, etc. for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. A traffic accident report;

1. A medical certificate;

1. Each comparison with the enemy;

1. Written estimate for automobile inspection and maintenance;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] The mitigated area (6 months to one year) of the mitigated area (the person subject to special sentencing) [the person subject to special sentencing] of the mitigated area (the person subject to special sentencing] [the decision of sentencing] of the mitigated area, the background of the crime, the agreement with the victim that the injured person is not subject to the punishment of the defendant, and the criminal records of the defendant (four times) of the criminal punishment (the defendant).