beta
(영문) 의정부지방법원 고양지원 2019.03.22 2018고단3212

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 vehicle B or C.

On November 5, 2018, the Defendant driven the said car on the 23:14th day of November, 2018, while driving it along the two-lanes from the mountain to Seoul.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the front, rear, and left and right of the driver of the motor vehicle, and by securing safety distance, the driver of the motor vehicle has a duty of care.

Nevertheless, the Defendant neglected this and proceeded without securing safety distance by negligence while neglecting it, and without securing the safety distance, was found to have been driven by the victim C(49 years old) driving at the front of the Defendant’s driving direction, following the Defendant’s driving of the victim C(49 years old).

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as salt, tension, etc. of the bones of a wood that requires approximately two weeks of medical treatment, and committed an injury to the victim E (the age of 48) who was on board the said rocketing car with approximately four weeks of medical treatment, such as c,478,01 won, and committed an act of causing injury to the victim E (the age of 48) by at the same time, such as base salt, tension, etc., and escape without any necessary measures, such as providing relief to the victims, even if the said rocketing car was damaged to cover repair costs equivalent to KRW 3,478

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The actual survey report on traffic accidents;

1. Written estimate;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to photograph damaged vehicles, photograph of harming vehicles, and photographic images of the damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. The Commercial Concurrent Crimes Act.