beta
(영문) 대전지방법원서산지원 2020.11.19 2020고단998

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for 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 Bran TG car.

At around 23:00 on July 16, 2020, the Defendant driven the said car and driven the road of the “D” restaurant in Seosan-si C, Seosan-si, leading to the F apartment from the direction of the E apartment to the F apartment.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, the Defendant neglected to do so and went along the opposite lane due to the negligence in the course of the center line, which was driven by the victim G (Nam, 55) who was driving along the opposite lane, and received the rear pent part of the driver's seat of the HDao-Bab Trab, which was driven by the victim G (Seoul, 55).

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions that require treatment for about two weeks by occupational negligence as above, and at the same time, the repair cost, such as the exchange of ubiquitous panel, did not immediately stop the above cargo to the extent that the 1,208,280 won is damaged, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. Application of the Acts and subordinate statutes to field photographs, CCTV analysis data, diagnostic data diagnosis reports on damaged vehicle image records, medical treatment certificates, and vehicle estimates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant invadeds the central line and is proceeding in the opposite lane.