beta
(영문) 수원지방법원평택지원 2020.12.17 2019고단2161

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 B M& car.

On October 5, 2019, the defendant driven the above car at around 20:0 and proceeded to turn to the left on the Eth page from the jurisdiction of the Ansan Police Station at the time of safeness.

At the same time, the left-hand turn where the signal lights are installed, so in such cases, the driver had a duty of care to accurately operate the safety device and the steering gear so as not to obstruct the traffic by looking at the presence of the vehicle driving in the opposite part and looking at whether or not there is a vehicle driving on the right-hand signal.

Nevertheless, the Defendant neglected this and did not properly view the right and the right and the right and the right and the driving of the Victim F (50 years of age) that was normally conducted in accordance with the straight line in the opposite part at that time, did not discover the G lebane of the victim F (50 years of age) and proceeded to turn to the left as it is, and did so to the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, who is a driver of the above Oral Traba due to the above occupational negligence, such as cutting the frame of the off string group in need of approximately seven weeks of treatment, and at the same time, the Defendant destroyed the above Oral Bab to cover approximately KRW 1,610,000 for repair costs, such as the exchange of string items, and escaped without any necessary measure such as stopping and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F’s traffic accident inspection report, diagnosis report, witness scambling video scambling room;

1. Application of the written estimate 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 failing to take measures after the accident);

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

1. Selection of the penalty;