beta
(영문) 전주지방법원 2016.06.14 2016고단206

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 Bbea cruise car.

On January 23, 2016, the Defendant driven the said car at around 22:05, while driving the said car at the speed of 30 km per hour, from the front line to the front line of the police box inside the sloping-gu Seoul at the time of the Jeonjin-gu to the center of Songcheon-ro, the Defendant proceeded at the speed of 30 km per hour.

In such a case, since a person engaged in driving of a motor vehicle is at night and snow at the time, he/she secured the safety distance with the motor vehicle ahead by thoroughly operating the steering direction and brake system at the front time, and even though he/she has an occupational duty of care to prevent the accident in advance by accurately operating the steering direction and brake system, the defendant neglected this duty and failed to secure the safety distance, and failed to accurately operate the brake system, and failed to take necessary measures for the victim E (V, 45 years old)'s behind the driver's vehicle moving into the front time and going through the front time, he/she was driven by the victim E (V, 45 years old) with the front part of the Vaea cracke cab and suffered about two weeks treatment, and at the same time, the 1,196,96 won of the repair cost and the driver did not immediately destroy the above vehicle and stop it and take necessary measures, such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Report on the occurrence of a traffic accident;

1. Investigation report (related to investigation into actual conditions at the scene of an accident);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident);

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

1. Selection of alternative abandonment of punishment;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.