beta
(영문) 창원지방법원 2015.08.13 2015고단1543

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of a vehicle B.

At around 02:50 on June 8, 2015, the Defendant came to turn to the left at the front of the D, which is located in the Kimhae-si C, from the front of the front school at the front school at the front school.

At the time, since it is a night and an intersection where a signal apparatus is installed, there was a duty of care to reduce the speed to a person engaged in driving a motor vehicle and operate the motor vehicle safely pursuant to the new code.

Nevertheless, the Defendant neglected this and received the front portion of the F&F vehicle driven by the victim E (the age of 45) who was directly in front of the upper left portion of the F&F vehicle driven by the victim E (the age of 45) from the front side of the front-hand side of the front-hand vehicle at the front of the front-hand.

As a result, the Defendant suffered injury to the victim, such as brain salva which requires medical treatment for about three weeks due to occupational negligence, and at the same time, the Defendant destroyed the flaging vehicle so that approximately KRW 2,444,715 of the repair cost, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of issue 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. 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 punishment] The first type of escape (the escape after bodily injury) after traffic accidents, and the special mitigation area ( March to October) - Since there are other crimes in a mutually competitive relationship, the above recommended punishment should be used as reference materials only (including special mitigations), self-denunciation, and no penalty (including efforts to recover damage).