(영문) 서울남부지방법원 2018.04.10 2018고단880

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(영문) 서울남부지방법원 2018.04.10 2018고단880

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a Grand City Kaol.

On January 18, 2018, the Defendant driven the above van around 23:00, and led Geumcheon-gu Seoul to drive the front side of Geumcheon-gu Seoul to the direction from the shore to the road from the shore on the side of the mountain-dong road. As such, the Defendant had a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the

Nevertheless, the Defendant neglected to do so by negligence, and led the victim E ( South, 24 years old) who stops behind the same direction, and the front part of the FST5 car driven by the Defendant, was shocked with the front part of the vehicle behind the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and, at the same time, did not immediately stop the damaged vehicle so that the damaged vehicle can be damaged by the repair cost of KRW 504,028, and failed to take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning specifications of automobile inspection and maintenance;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where a minor injury occurs (the person with a special mitigation) in the mitigation area (the period from June to one year) (the person with a special mitigation), the mitigated area (the period from June to one year) after a traffic accident, the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence], six months of imprisonment and suspended execution (the vehicle of

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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