beta
(영문) 수원지방법원 안산지원 2019.10.17 2019고단2433

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 K5-car.

Around 00:05 on January 26, 2019, the Defendant driven the above vehicle at the right 00:05, and straightened in the direction of the shooting distance from the e-loan of the D convenience store in Ansan-si, a member of Ansan-si, with the intention of neglecting the e-mail, caused the part of the above vehicle to be the front driver of the above vehicle due to the negligence on duty, and caused the part of the victim FF (n.e., the age 47) who entered the said intersection to take the front part of the upper part of the knife driver's G knife car that entered the said intersection, and took approximately two weeks of treatment to the above F, and at the same time, the Defendant did not immediately stop the damaged vehicle to repair the knife at the right H (age 56) with approximately two weeks of treatment, and at the same time did not immediately stop the damaged vehicle and take necessary measures, such as stopping the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, H, and I;

1. The application of the statutes governing each written diagnosis, estimate, and traffic accident occurrence report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The fact that there is no agreement with the victims of reasons for sentencing under Article 62-2 of the Social Service Order Act: Provided, That the victims’ monetary damage due to the purchase of a comprehensive insurance policy can be recovered to a certain extent, the circumstances leading to escape, the absence of the same kind of power, and the reflection of the defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and all of the factors of sentencing specified in the arguments in the instant case, including the circumstances after the crime