beta
(영문) 춘천지방법원 원주지원 2019.06.26 2019고단358

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 BScar car.

On January 4, 2019, at around 23:43, the Defendant, while driving the said car and driving the road in front of the “D” located in “F” from the “E” side to “F”, was slow down by the wind.

At the time, it was night and at the same time one-lane, and after the Defendant’s vehicle, the Victim G (the 48-year-old)’s H Ecoos car stops in the process of driving the Defendant, so there was a duty of care to safely check the rear side to the person engaged in driving.

Nevertheless, the Defendant neglected to do so and received the front part of the damaged vehicle by the Defendant’s vehicle following the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to salt, tension, etc. that requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the damaged vehicle to the extent that the repair cost equivalent to KRW 528,570, such as replacement of the front driver, etc., and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. Each investigation report, medical examination and treatment record, actual condition survey report, field photo, 112 report processing table, photograph of shock part of the damaged vehicle, diagnosis certificate for the victim, written confirmation of hospitalization of the victim, and written estimate of the damaged vehicle;

1. Application of statutes concerning criminal records;

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. Article 62(1) of the Criminal Act provides that the defendant has the same previous department once, and each of the crimes of this case is likely to be committed in light of the method and result of the crime, and there is no agreement with the victim even after the lapse of a certain period after the crime.