beta
(영문) 서울서부지방법원 2015.09.01 2015고단621

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 C-learning car.

At around 12:00 on November 14, 2014, the Defendant was driving the said car and stopped in accordance with the stop signals before the crossing of the median line located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, the Defendant was driving at a speed in the direction of the an Ampha-ray in the Yongsan-gu, Yongsan-gu.

Since there is a place where many people cross the railroad crossing, the driver of the motor vehicle has a duty of care to properly see the front door and the left and right, to control the speed, to accurately manipulate the steering direction and the brake system, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded on the front side of the passenger car of the Defendant at the same direction in the front side of the passenger car of the Defendant in the case of the Defendant’s negligence, which led the Defendant to go beyond the right side of the Defendant’s passenger car.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as the left-hand slots in need of treatment for about four weeks, but did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of witness G;

1. The prosecutor's office and the police's statement concerning F;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (a specific vehicle to run away by the verification ofCCTV), investigation report (a photograph of the place where the victim goes beyond the victim);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence], the area where the sentence is mitigated (6 months to October) after traffic accidents.