beta
(영문) 서울북부지방법원 2017.04.20 2017고단774

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 a period of 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 in CB BM oil (BMW).

On February 6, 2017, the Defendant did not obtain a driver's license, and around 23:55, on the road side of the Dobong-gu Seoul Metropolitan Government 590 (Songmun-dong) Seoyang-ro, Dobong-gu, Seoul, 4.19 (Song-dong) with a shooting distance of 4.19 (Song-dong), the Defendant proceeded at an irregular speed according to the two-lanes among three-lanes.

At the same time, there was a tri-distance intersection where signal apparatus was installed, so in such a case, the person engaged in driving service has a duty of care to reduce the speed in advance and to prevent the accident by living well on the front left left and left, and to prevent the accident by smoke. However, the suspect neglected this and neglected the duty of care and delayed detection of the victim DD (56 years old) KS 5 cab which was under the stop under the new code in the front direction of the steering of the motor vehicle, but failed to drive it, and led the back of the damaged taxi as the front part of the defendant's vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained from the injury of the victim F (19) of the victim of the victimized taxi and the victim G (21 years old) of the same passenger G with approximately two weeks of care, such as base salt, tension, etc. at the same time, and escaped without immediately stopping the said damaged taxi to the extent that it damages approximately KRW 986,178, and without taking necessary measures, such as providing relief to the damaged taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to GF and D;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as a report on a traffic accident, a survey report on actual condition, photographs of the accident vehicle and accident scene, a written diagnosis, a general repair cost estimate

1. Article 5-3 subparag. 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, and Article 152 subparag. 1, 152 of the Road Traffic Act concerning the crime.