beta
(영문) 서울중앙지방법원 2020.09.18 2020고단5713

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four 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

The defendant is a person driving a BAD A4 car.

Around 00:35 on July 1, 2020, the Defendant driven the said car by business, and proceeded ahead of the D Hospital located in Gangnam-gu Seoul Metropolitan Government along three-lanes from the Gyeong apartment distance to the 5-lane distance of the tea hospital, and due to the negligence that the Defendant, at the front side of the victim E (V, 26 years old) who stopped in the signal signal at the front side, did not look well at the front side, and did not take necessary measures, such as rescue of the victim, by immediately stopping the vehicle at the front side of the Defendant’s vehicle. At the same time, the Defendant suffered injury to the victim, such as the upper part of the 5-day driver’s vehicle, which is the upper part of the 5-day driver’s vehicle, which is the upper part of the 5-day driver’s vehicle, which needs to be treated for about five weeks, and at the same time, destroyed the said 19,267,710 won at repair expense, and did not immediately stop and take necessary measures, such as to rescue the victim.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Each photograph and each report;

1. A traffic accident report (1) (1) and a report on internal investigation;

1. A detailed statement of automobile inspection, diagnosis certificate, each investigation report, and estimate of automobile inspection and maintenance;

1. Application of each CCTV CD-related statute;

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 (the point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences: Imprisonment for one year to 30 years;

2. Extent of recommendation [decision of type] according to the sentencing guidelines for traffic crimes: Escape after traffic accidents [Class 1] causing bodily injury (special person], and escape [including serious efforts to recover damage] mitigation elements: A person not subject to punishment (including the area of recommendation and the scope of recommendation types].