beta
(영문) 창원지방법원 진주지원 2020.04.14 2020고단27

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

The defendant is a person who is engaged in driving of BM5 vehicles.

On October 14, 2019, the Defendant driven the above car on October 14, 2019, while driving it on the direction C in the direction of the new ethal etho, along the traffic supersection in front of the traffic beginning in the new ethic region.

Since the location is an intersection where a large traffic signal is installed, there was a duty of care to see the front side for a person engaged in driving of a motor vehicle and safely drive the motor vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and got to turn to the left from the opposite direction of the defendant's vehicle due to the negligence of entering the front line in violation of the signal, which caused the victim's D(W, 35 years old) driving to go to the left in accordance with the left and left turn from the opposite direction of the defendant's vehicle, and the front front part of the defendant's vehicle's vehicle's driving to the front part of the defendant's vehicle. The defendant's vehicle turns to the left left side due to the shock, and the victim's f (49 years old) driving, which was moving to the right side of the victim's f.

Ultimately, the Defendant, by the above occupational negligence, committed an act of causing the victim D’s catum catum, etc. which requires approximately three weeks of medical treatment to the victim D, resulting in the victim H (6 years of age) and the victim I (4 years of age), who is a passenger, in need of medical treatment for about two weeks, respectively. At the same time, the Defendant: (a) destroyed the said car to repair cost; (b) destroyed the car to KRW 13,538,127; (c) destroyed the car to KRW 2,568,93 of the repair cost; and (d) escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report (1) actual situation investigation report, and each investigation report (No. 25,26 No. 5 of the evidence list);

1. Each written diagnosis, written estimate, and written estimate;

1. Application of accident-related photographs and accident video CD-related Acts and subordinate statutes;

1. Each relevant Article of the Act concerning criminal facts;