Cases
2017 upperest 387 A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury)
(b) Violation of the Road Traffic Act;
(c) Violation of the Road Traffic Act;
(d) Violation of the Road Traffic Act;
(e) A criminal escape;
Defendant
1.(a)(d) leap (98-1), instructors;
Housing Jeonnam-gun group
Jeon Sung-nam District in Reference domicile
2. M. M. G. M. M., G. M. (96-1), and other employees;
Residential Cho Nam-nam:
Reference domicile Gwangju Northern-gu
Prosecutor
Inception metal (prosecution), and inception (public trial)
Imposition of Judgment
August 17, 2017
Text
Defendant leaps shall be punished by imprisonment with prison labor for up to eight months, and by a fine of up to 2,00,000 won: Provided, That with respect to Defendant leaps, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. Defendant leaps shall be put on probation against Defendant les and ordered to take a compliance driving lecture for up to 40 hours. In the event that Defendant 1’s leaps do not pay the above fine, the above Defendant shall be detained in a workhouse for the period converted into one day.
Defendant 1 shall order the provisional payment of the amount equivalent to the above fine to Defendant 1.
Reasons
Punishment of the crime
1. Defendant leap;
A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), violation of the Road Traffic Act (Measures Taken after Accidents), and violation of the Road Traffic Act (hereinafter referred to as 01) are those engaged in the driving of rocketing or other automobiles. At around 18:20 on October 7, 2016, the Defendant, at around 18:20, 201, was driving in the middle of the two-lanes of the Do, using the said car to the front side of the Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si. In such cases, the Don-ri-ri-ri-ri-ri-si where the Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri).
Ultimately, the Defendant, by negligence in the course of performing the above duties, inflicted injury on the victim A, such as salt, tension, etc. of the bones of a wood that requires approximately two weeks of medical treatment, and the victim B (the 60-year-old age-old) who was driving on a car in the said east, suffered respectively the injury of the neck, tension, etc. of the bones of a wood that requires approximately two weeks of medical treatment, and at the same time, the above east did not take necessary measures, such as immediately stopping the car to ensure that the amount equivalent to KRW 1,416,408, such as the exchange, etc. of the fry so as to avoid damage to the car and immediately stopping it.
(b) Violation of the Road Traffic Act;
The Defendant, at the time and time indicated in paragraph (1) above, driven a rocketing car as indicated in paragraph (1) above without obtaining a driver’s license from a section of about 70 km from the front of the 152 South-do University to the place of fire on the north of the west-gun, Chungcheongnam-do University, Seoul-do, to the place specified in paragraph (1).
2. Defendant △△;
At around 21:00 on October 7, 2016, the Defendant: (a) caused a traffic accident in which a passenger car was driven during driving without a license, as described in paragraph (1) of the same Article, at the office of the transportation survey department of the Jyang Police Station located in Seoyang-gu, Seoyang-gun, Seoyangyang-gun, Seoyangyang-gun, Seoyang-gu, Seoul, to inflict bodily injury on A and B; and (b) even though the Defendant knew of the fact that he escaped after destroying a passenger car during driving without a license, the Defendant made a false statement as if the Defendant fleded the police officer of the transportation survey department of the above police station who was investigating the instant case as if he escaped after causing a traffic accident.
As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made to A by the police;
1. A traffic accident report and each traffic accident report;
1. On-site photographs of traffic accidents;
1. Registers of driver's licenses;
1. Each written diagnosis;
1. Written estimate of repair costs;
1. Report on internal investigation (the analysis of black boxes and specific circumstances, etc. of the suspect);
1. Investigation report (verification, etc. of purchase of the rental car comprehensive insurance and of restrictions on validity to third parties);
Application of Statutes
1. Article applicable to criminal facts;
(a) Defendant leap: Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of unauthorized Driving);
B. Defendant Cheongsan: Article 151(1) of the Criminal Act
1. Commercial competition;
Defendant le. Articles 40 and 50 of the Criminal Act
1. Selection of punishment;
A. Defendant leap: Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, for a violation of the Road Traffic Act (unauthorized Measures after Accidents), or for a violation of the Road Traffic Act (Unlicensed Driving)
B. Defendant △△: Selection of a fine
1. Aggravation for concurrent crimes;
Defendant Prostitution: the former part of Article 37, Articles 38(1)2 and 38(2), and 50 of the Criminal Act
1. Suspension of execution;
Defendant Prostitution: Article 62(1) of the Criminal Act
1. Orders for probation and education;
Defendant le X: Article 62-2 of the Criminal Act
1. Detention in a workhouse;
Defendant △△: Articles 70(1) and 69(2) of the Criminal Act
1. Order of provisional payment;
Defendant △△: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act
1. The criminal liability of the defendant leap is not minor in light of the content of the crime in this case
However, considering the favorable circumstances, such as the violation of the crime, the injury of the victims, the fact that the vehicle of the defendant's driver is relatively minor, the payment of insurance money is expected to be completed for the personal damage part of the defendant's driver's insurance, the fact that there is no record of crime in addition to juvenile protection disposition, and the fact that it is a minor under the age of 18 at the time of the crime of this case, and the opportunity to return to society through probation, etc. is considerable, it is reasonable to give a minor under the age of 18 at the time of the crime of this case. In addition, considering all of the sentencing factors specified in the arguments of this case, such as the defendant's age, character
2. Although the criminal liability of the Defendant is not minor in light of the content of the instant criminal act, considering the following favorable circumstances: (a) the criminal liability is against the Defendant’s criminal act; (b) the criminal act is divided at the investigation stage; and (c) actively cooperates in the investigation to find substantial truth; and (d) the Defendant’s age, character, character, environment, family relationship, motive, means and consequence of the criminal act; and (c) the punishment is determined as ordered in light of all sentencing factors specified in the instant pleadings, such as the circumstances after the
Judges
Judge Go-ju