beta
(영문) 서울남부지방법원 2018.01.11 2017고단4676

특정범죄가중처벌등에관한법률위반(도주치상)

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 KS5 car.

On September 23:13, 2017, the Defendant driven the above car and proceeded along the two-lanes of the front direction of Gangseo-gu Seoul Metropolitan Government E-do road along the intersection of the village, such as salt hold.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by thoroughly manipulating the steering time and safely manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so by negligence and caused the part of the back part of the victim F&5 car standing in the signal waiting at the front of the passenger car by the Defendant, and caused the victim HH driver car standing in the front of the said SM5 passenger car to be pushed down in the future, and caused the victim H driver car standing in the front of the said SM5 passenger car to be tight part of the back of the victim H driver car standing in the front of the vehicle, and caused the victim JW driver under the influence of the said car stopping in the front of the vehicle.

The Defendant, as seen above, suffered from the injury of catum salt, etc., which requires approximately two weeks of treatment respectively, by occupational negligence, to the victim F, H, J, and taxi passengers, and escaped without immediately stopping and taking necessary measures, such as providing relief to the injured person.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, on-site photo of an accident, internal investigation report (specific suspect and home visit), investigation report (related to the victim LU), and medical certificate;

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 as prescribed in the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures 0.