beta
(영문) 광주지방법원 2014.10.14 2014고단3195

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

On July 5, 2014, the Defendant driving a 23:20 ton freight vehicle B, B, and III as a duty on July 5, 2014, which led to the progress from the offline of the offline apartment at the private distance intersection in front of the post office, Seo-gu, Seo-gu, Seo-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to do so and neglected to enter the intersection and immediately go through the intersection by negligence in contravention of the signal, brought the part of the front part of the vehicle of the Defendant to the right side of the victim C (Nam, 42 years of age) driving at the intersection, going straight from the direction of the wind beer reservoir to the wind beer in accordance with the direction of the wind beer.

Accordingly, the Defendant, by such negligence, destroyed the property equivalent to KRW 5,708,342, such as the exchange of damaged vehicles, etc., and escaped without taking necessary measures even though the said victim suffered an injury to salt and tension in the trend requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Act and subordinate statutes to a survey report, a medical certificate, and a quotation;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unnecessary measures: Articles 148 and 54 (1) of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The area to be mitigated (six months to October) after a traffic accident shall be limited to the range of recommending punishment;

2. The decision-making defendant has violated the signal;