beta
(영문) 대구지방법원 2019.09.04 2019고단2329

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On February 20, 2019, the Defendant driving a B B B B B RK car, and led to the intersection of 304,000 Tae-gu, Tae-gu, Tae-gu, Tae-gu, to the west-gu, Taecheon-gu, Daegu ICT bank.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and found DSP car of the victim C(32 years old) who stopped for traffic signal at the front side of the Defendant’s vehicle, and caused the latter part of the damaged passenger vehicle to shock the front part of the Defendant’s vehicle to the front part of the victim E(25 years old) which was driven by the Defendant’s vehicle, and caused the above SP car to shock the front part of the FF K5 car of the victim E(25 years old) which was stopped at the front side of the traffic signal in the front side.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as light fluoral salt for about 15 days in need of medical treatment. At the same time, the Defendant escaped without taking necessary measures, such as stopping and taking relief measures, even though the said SP car was damaged by repair cost of KRW 2,035,189, and the said K5 car was damaged by KRW 570,986.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Statement of each police statement of C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A police investigation report (verification of CCTV at the scene of an accident);

1. A medical certificate;

1. Application of each written estimate statutes;

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

1. Articles 40 and 50 of the Criminal Code are judged to be more severe.