beta
(영문) 광주지방법원목포지원 2020.11.13 2020고단906

특정범죄가중처벌등에관한법률위반(도주치상)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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

At around 23:20 on February 16, 2020, the Defendant driven the said car and driven it at the speed of the road of three-lanes in front of the D cafeteria, which is in front of the D cafeteria at F Pool City, along two-lanes from the e apartment to the F building.

In this case, the person engaged in driving service has a duty of care to reduce the speed and drive safely according to the signals.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of disregarding and proceeding the vehicle signal while driving on the port from the right side of the mast Defendant’s vehicle, and received the part of the Hwing and the third truck front part of the 59-year-old truck, driving on the port from the right side of the mast Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim I (the 59 years old), who is the partner of the above victim and the victim vehicle, for each of about two weeks of medical treatment, such as salt, tension, etc. at the same time, and at the same time, escaped without immediately stopping the above cargo vehicle owned by the victim G to take measures such as providing relief to the victim, etc., even though it damages the repair cost to the extent that it would amount to KRW 4,176,434.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to G and J;

1. The K's statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, report on the actual condition, on-site photographs, caps photographs, 112 report processing records, estimates, medical certificates, investigation reports (related to signal at the time of entry of a damaged vehicle into the intersection), application of CCTV video-related Acts and subordinate statutes;

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

1. Selection of punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;