beta
(영문) 창원지방법원 2015.06.30 2015고단924

특정범죄가중처벌등에관한법률위반(도주차량)등

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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving service of XG motor vehicles by borrowing B.

On February 9, 2015, at around 00:40, the Defendant, at the Changwon-si, proceeded in front of the small square, which is located in the boundary of the window in the Changwon-si, according to the first five-lanes of the 5-lane between the Changwon-dong and the Changwon-si.

At this point, there is a distance, and a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to stop and waited for the signal at the front, and was driving by the victim C(IS, 31) who was waiting for the signal at the front, and received the back part of the DK7 car.

After all, the Defendant, by the above occupational negligence, caused the victim to suffer bodily injury, such as light fluorum, and f,673,159 won, at the same time, destroyed the above K7 car to the extent of 6,673,159 won, and escaped without taking necessary measures, such as stopping the car and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where a minor injury (special mitigation) occurs in the mitigated area (6-10 months) (6-10 months) after traffic accidents, the mitigated area (special mitigation) [1-2] [1-2] imprisonment with prison labor] 8-6 months, the suspended sentence of two years is not more severe.