beta
(영문) 청주지방법원 영동지원 2014.09.18 2014고단147

특정범죄가중처벌등에관한법률위반(도주차량)

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 car by borrowing B.

On June 6, 2014, the Defendant operated the said car on June 18:15, 2014, and proceeded with the national highways No. 37 of the first Do, which was in the king in the documents of the Doncheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-do, the military documents, from the monthly spathic surface to the spathic distance.

Since the place is where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front line and the margin, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of the driver’s seat of the freight vehicle in the Dlurner ELP, which is driven by the injured party C (hereinafter referred to as 52 years old) driving in the opposite opposite opposite lane, from the Defendant’s front front part of the driver’s seat of the said car.

Ultimately, even though the Defendant suffered injury to the victim, such as “brain sugar,” which requires treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Etc., and Article 268 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. The scope of punishment by sentence: Imprisonment for one to thirty years;

2. The scope of sentence recommended according to the sentencing guidelines [type of crime] traffic crime, escape after traffic accident, injury or escape (specially under guard] in the proviso of Article 3(2) of the Special School Traffic Act, where the illegality of the sentence is serious [decision of the scope of sentence] aggravated area (one to three years of imprisonment] (whether suspended sentence is suspended).