beta
(영문) 광주지방법원 2014.04.09 2014고단95

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 the B car.

On December 1, 2013, the defendant driving the above vehicle at around 05:50 on December 1, 2013, and driving the front road of the Jinsan-dong New Apartment-dong, Nam-gu, Gwangju, with the second line among the fourth line of the 4th line, was moving back from the agricultural-dong room to the front side.

At the present site, there was a crosswalk where signal lights are installed, so a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right and the right and the right of the motor vehicle.

Nevertheless, even though the Defendant neglected to stop the vehicle signal while proceeding, the Defendant shocked the front part of the victim C’s bridge, which was dried on the right side from the left side by the pedestrian signal, according to the pedestrian signal while driving.

Although the Defendant was negligent in performing such occupational negligence, even though he/she suffered bodily injury, such as a fright frame, etc., which requires treatment for about two months, he/she immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the results of the initial investigation of a traffic accident;

1. An accident-related photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Crimes under the relevant Act on the Aggravated Punishment, etc. of Crimes.

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [the decision of a sentence] for the reason of sentencing under Article 62(1) of the Criminal Act [the decision of a suspended execution] : The escape (type 1) after causing injury to the escape after traffic accident - The mitigated element: the self-denunciation, the amount of punishment not to punish (where the victim is not subject to punishment by agreement with the victim) - Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the decision of the recommended area]: Six months to ten months [the criteria for postponement of collection].