beta
(영문) 서울북부지방법원 2020.08.20 2020고단372

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 BM5 car.

On October 11, 2019, the Defendant driven the above car at around 01:40, and led the front intersection of Dobong-gu Seoul Metropolitan Government C to the private distance of apartment in the new East Asia from the area of school affairs distance to the private distance of apartment.

At the time, the Esch Rexton car drivened by the victim D (V, 40 years old) on the front side of the driver of the vehicle at the time was a signal atmosphere. In such a case, the driver of the vehicle had a duty of care to thoroughly operate the front line and accurately and safely operate the steering and steering devices to prevent the accident in advance.

Nevertheless, the Defendant neglected to stop the vehicle and was driven by the Defendant while driving the vehicle, which was driven by the Defendant, and received the back spread of the vehicle driven by the victim.

Ultimately, even though the Defendant suffered from an injury such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report on D's statement, on-site and vehicle photographs, investigation report (verification of an accident) and one CD in the incident status confirmed by CCTV;

1. The application of Acts and subordinate statutes to an investigation report (Submission of a medical certificate) and a medical certificate attached thereto;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, has caused the instant traffic accident while under the influence of alcohol, and the victim escaped from the site on the ground that he or she thought that he or she would open money in an exaggerated manner, and eventually, taken a measurement of the level of drinking at the time of driving by driving by driving again while driving his or her house.