beta
(영문) 의정부지방법원 2017.07.13 2017고단1197

특정범죄가중처벌등에관한법률위반(도주치상)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Cknife car.

On February 19, 2017, the Defendant driven the above car at around 22:10, while driving the car, led to the front of the road 78 Do-ro 98 Do-ro, Jin-ro, Jin-si, to the three-day Do-ra, from E. B. B. to S-day.

At the time, the driver was at night, and the victim D ( South, 59 years old) was driving on the left side of the front bank, and in such a case, the driver of the motor vehicle had a duty of care to operate the brakes safely by properly operating the brakes by properly operating the operation of the brakes.

Nevertheless, the Defendant neglected this and received the back portion of the above SM5 car at the right side of the above SM5 car due to the negligence of driving the car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as “influoral salt,” which requires approximately two weeks of medical treatment, and at the same time, escaped without taking measures, such as aiding and abetting the damaged party by stopping, even though the Defendant destroyed the said SM5 vehicle to have an amount equivalent to KRW 4,274,97, such as the exchange of pan-fluor, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Epicing a witness’s vehicle boom image, cutting down a cream of the victim’s vehicle boom, cutting off a video of the victim’s vehicle boom, cutting off a video of the victim’s vehicle boom, and cutting off a cream of the fluor’s vehicle boom;

1. Photographss of the scene of the accident, photographs of the victim, scene of the accident, and photographs of damaged vehicles;

1. A traffic accident report and a list of reported cases;

1. Medical certificate (D);

1. Application of written estimates (E) Acts and subordinate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016) regarding criminal facts.