beta
(영문) 춘천지방법원 원주지원 2017.04.27 2017고단89

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for one year.

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

On December 4, 2016, at around 19:40, the Defendant driven the CMF5 car, and moved bypassing the road of three-lanes in front of the third apartment of the East Bosch Rexroth, which is located in the original sentence of the original city at the original city at the original city, from three-lanes from the right edge distance to the right edge distance.

In such a case, the Defendant, who was engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle after considering the road situation, etc. in which he intends to view the right side of the road to enter the right side of the direction and prevent the accident from smoke. However, the Defendant neglected to do so, and instead failed to do so, went back to the left side of the victim D (57 Do) who was crossing the road from the right side to the left side by taking knee of the victim D (57 Do) who was driving the motor vehicle from the right side of the motor vehicle into the front part of the right side of the motor vehicle, without taking any measure such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reporting on the occurrence of a traffic accident, and reporting on a traffic accident (1) and (2);

1. Each investigation report (the application of Acts and subordinate statutes 9,12,22) shall be made monthly;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] The crime of this case committed by the defendant who caused a traffic accident while driving a vehicle in bad faith, resulting in serious injury to the victim, is not highly likely to be committed. The crime of this case committed by the defendant without taking necessary measures.

In particular, even though the defendant caused an accident at night, he did not get out of the vehicle after the accident and went out of the match.