beta
(영문) 수원지방법원 성남지원 2014.05.29 2014고단631

특정범죄가중처벌등에관한법률위반(도주차량)

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

Criminal facts

On March 5, 2014, the Defendant driving a BM5 car, which was around 00:46, led to the progress of approximately 60 km in the speed of the front road of the “fluoral hearing,” located in the full line 120 in Gwangju-si, Gwangju-si, with one lane in front of the “fluoral hearing”.

At the time, since it is at night, the defendant engaged in driving of a motor vehicle has a duty of care to safely operate the steering direction and operation of the motor vehicle by accurately manipulating the steering direction and operation system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the victim C (the 54 years of age) to go on the right side of the direction of the Defendant’s proceeding, and caused the victim to go beyond the victim by shocking the right side of the said vehicle into the front side of the said vehicle.

Ultimately, even though the Defendant got the victim to suffer injuries, such as salt pans, etc. on the left-hand hand in need of medical treatment for about 10 days due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents and investigation reports;

1. A medical certificate;

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 and the choice of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant was involved in a traffic accident and the victim was faced with an injury, and the same criminal records exist in the same kind of crime. However, the defendant led to voluntary withdrawal from the police following the accident and led to the confession of the crime, and the victim did not bear any injury.