beta
(영문) 부산지방법원 2019.03.14 2018고단5598

특정범죄가중처벌등에관한법률위반(도주치상)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On August 25, 2018, the Defendant driven the above car at around 10:10, and proceeded with the intersection in front of the “D” located in Busan Dong-gu C, by making the left turn from E to F Hospital’s seat.

Since a crosswalk without signal apparatus is installed and the traffic control is not performed, the person engaged in driving service has a duty of care to check whether there is a pedestrian crossing by reducing the speed or temporarily suspending the speed, and to check whether there is a pedestrian crossing.

Nevertheless, the defendant neglected this and did not discover the victim G (73 years old) who cross the outer of the crosswalk from the right side to the left side by the negligence of left-hand turn, and did not get the part of the victim's car left-hand side to go beyond the ground.

Ultimately, even though the Defendant suffered from an injury to the victim, such as the closure frame of the large-time warning room, which requires medical treatment for about 12 weeks due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim or providing personal information to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Defendant’s statement of traffic accident;

1. Each written diagnosis;

1. A traffic accident report, a traffic accident report, and an emergency medical service worker;

1. Application of photographic Acts and subordinate statutes to vehicles shocked parts, and image pictures after victims' accident;

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

1. Eight months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act provides that the Defendant was staying at the site after the accident, until the victim is aboard the first-aid vehicle, and all of the crimes shall be led.