beta
(영문) 수원지방법원 안양지원 2013.06.19 2013고단315

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 became final and conclusive.

Reasons

Punishment of the crime

On February 23, 2013, the Defendant, at around 23:30, driven a motor vehicle of iaburged, without a motor vehicle driver's license, was temporarily stopped in order to drive the motor vehicle of 3:0, and changed the two-lane road in front of the old gate in front of the old gate in the Mayang-gu, Mayang-gu, Mayang-gu, in order to drive the motor vehicle into the safe-sea area along the two-lane road in front of the old gate.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely change the lanes by operating direction direction, etc. in order to give prior notice of change of course, and by safely examining the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected to do so and did not discover the E-mail of the victim D(23 years old) driving, which was driven by the first lane in the aftermast from the afterward bank as it was due to the negligence of changing the lane into a first lane, and received the front part of the above E-mail from the left side of the Defendant’s driving.

The Defendant, by these occupational negligence, sustained bodily injury, such as the removal from the right body, which requires medical treatment for about 14 weeks, and at the same time, escaped without any necessary measures such as providing relief to the victim, even though the Defendant destroyed and damaged the above lebane so that the amount of repair expenses is influence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents and the register of driver's licenses;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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