beta
(영문) 부산지방법원 동부지원 2017.10.11 2017고단1626

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

On April 21, 2017, at around 08:10 on April 21, 2017, the Defendant is a person who is engaged in driving a cruise car, and at around 08:10, three-lanes in front of ELri-ri in Busan Metropolitan City, Busan Metropolitan City, were driven by two-lanes in front of ELri-ri from the shooting distance of the large-distance hot spring in the shipping market to the fire station in the shipping market

Since the Defendant was followed by the EM7 car driving of the victim D( South, 52 years old) driving prior to the Defendant, the Defendant had a duty of care to prevent accidents and safely proceed with the driving of the vehicle by keeping the right and the right and the right and the right and the right and the safety distance.

Nevertheless, the Defendant was negligent in neglecting this, and the lower part of the said SM7 car, which was stopped for the signal waiting, was received as the front part of the said cruise car.

Defendant at the same time, due to the above occupational negligence, suffered from the victim F, who is a partner of the said SM7 car, about two weeks of treatment, the pipe and the tension of the part in need of approximately two weeks of treatment of the said victim D, and the victim F, who is the passenger of the said SM7 car (hereinafter referred to as “F, 47 years of age”), such as the pipe and the tension of the part in need of treatment of the said SM7 car, and other necessary measures, such as providing relief to the damaged party by immediately stopping the said SM7 car, without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor's office and police with regard to D;

1. The application of Acts and subordinate statutes of a traffic accident report (1) and a traffic accident report, a traffic accident scene, a photograph of damaged vehicles, and a medical treatment confirmation document;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act (the occupation of an escape vehicle) concerning the crime, and Articles 148 and 54(1) of the Road Traffic Act (the occupation of an escape vehicle after an accident);

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

1. Imprisonment with prison labor chosen;