(영문) 대전지방법원 2020.05.21 2020고단650



1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;



Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 17, 2019, the Defendant driven the said rocketing car on the 23:48th day of November, 2019, and continued to proceed from the 5th parallel parallel distance near the 5th parallel parallel of the Seo-gu Daejeon, Seo-gu, Daejeon to the 0th day of the 2nd parallel of the 5th parallel distance.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering system and brake system of his/her vehicle and to prevent the accident from occurring due to his/her safe driving.

Nevertheless, the Defendant neglected this and stopped at the front of the course due to the negligent negligence, and led the victim C (the 40-year-old driver) to the front of the said rocketing car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as salt, tension, etc. of a trend that requires approximately two weeks of medical treatment, and at the same time, destroyed the said SM3 vehicle to have an amount equivalent to KRW 464,658 of its repair cost, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement of E and F;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate for motor vehicle repair;

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 the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;