beta
(영문) 서울중앙지방법원 2014.02.19 2013고단2424

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 third party vehicle.

In the state that the Defendant was unable to discern things or make decisions due to shock disorder, coercion disorder, etc., the Defendant driven the above vehicle around 17:00 on January 27, 2013, and led the road of five-lanes in front of the shooting distance of the sexual intercourse south of Seoul, Gangnam-gu Seoul, to proceed at an insular speed from the edge of the hospital Eul to the intersection of the sexual intercourse.

At the time, the Defendant started the vehicle on the right side of the above road in relation to the traffic accident that occurred between the Defendant’s car and the Ethroman’s car of D driving. At this point, the Defendant: (a) had a duty of care to safely drive the vehicle on the front side of the road; and (b) a policeman F (Nam, and 30 years of age) belonging to the Gangnam Police Station of the Victim Gangnam Police Station for Traffic Safety in relation to the above D’s accident; and (c) in such a case, the Defendant had a duty of care to prevent the accident by driving the vehicle on the front, rear, and right side

Nevertheless, the Defendant neglected to do so and continued to run on the road on the right side of the above F, which was left on the road, was left on the right side of the Defendant’s driving.

Ultimately, even though the Defendant, by such occupational negligence, got the said FF to take a stuffed part of the lower right arms in need of treatment for about two weeks, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Examination protocol of the accused (including each statement in F and D);

1. The police statement concerning F;

1. A written statement of the occurrence of G traffic accidents;

1. The actual condition survey report;

1. Investigation report (as to confirmation of whether medical treatment is performed)

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes