beta
(영문) 전주지방법원 2015.12.15 2015고단1255

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for 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 Grand bus in Ireland.

On July 18, 2015, the Defendant driven the above vans around 20:45, and continued to drive the national highway No. 1 of Yongsan-si in the Geumsan-si in the gold-si direction using the two-lanes in the gold-gu direction from the gold-gu direction to the speed of 80km each hour.

At the time, the driver of a motor vehicle is at night, and at all times, the driver of a motor vehicle has a duty of care to look at the boom and the right and the right and the right and the right of the motor vehicle and to prevent the accident in advance by using the steering gear accurately.

Nevertheless, the Defendant was negligent in driving the vehicle at the right corner of the said string that the victim C(75 years of age) driving along the two lanes prior to the Defendant’s vehicle due to the negligence of driving the vehicle, and received the part behind the left corner of the said string that the Defendant drives.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence as above, and at the same time, the damaged vehicle was destroyed to the extent of KRW 1,579,170 of repair cost, and escaped without taking necessary measures, such as aiding the victim, even though it was immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) and evidence and photographs of the scene of the traffic accident;

1. Each investigation report (the counter-investigation of victims, specific cases of suspected vehicles and suspects, and whether traffic damage is inflicted);

1. A medical certificate;

1. Application of the written estimate 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 Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.