beta
(영문) 수원지방법원 안산지원 2018.04.20 2018고단613

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 driving a CM3 car.

On November 27, 2017, the Defendant driven the above vehicle on the 05:40 on November 27, 2017, and driven the three-lanes adjacent to the 11st private distance underground streets and the 11th private road in Ansan-si, Seosan-si, Annsan-si, Annsan-si, a half-lanes from the half-month Corporation to the private road in the improvement complex, and changed the lanes into the first lane.

In this case, there was a duty of care to change the car line by operating direction, etc. to give prior notice of change of course, and considering the traffic situation before and after the driving of a motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 좌측으로 차선을 변경한 과실로, 피고인의 좌측 후방에서 1 차로를 따라 진행 중이 던 피해자 D(22 세) 운전의 E 포 르 테쿱 승용차의 조수석 쪽 앞 펜더 부분을 피고인 운전차량의 운전석 쪽 측면 부분으로 충격하고, 계속하여 피고 인의 차량이 가드레일을 들이받고 튕겨 나와 앞 범퍼 부분으로 피해차량의 앞 범퍼 부분을 충격하였다.

Ultimately, the Defendant, by occupational negligence as above, sustained injury from the victim F (22 years) and the victim G (23 years) on the part of the above victim D and the damaged vehicle, etc., which requires approximately two-day medical treatment, and at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged vehicle to cover KRW 2,216,971 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident-related statement of the F;

1. A survey report on actual traffic accidents (1) (2);

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes of subparagraph (E) of a written request for automobile parts and a copy of automobile maintenance report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning the crime as provided in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes