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(영문) 수원지방법원 안산지원 2018.05.29 2018고단1289
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On January 16, 2018, the Defendant proceeded in the vicinity of the IC in the ancient speed of 3:3 lanes from the middle of the water king to Incheon at the middle of the three lanes from the water king.

At night, the above road is an exclusive road for motor vehicles at a rapid speed, and thus, the driver of the motor vehicle has a duty of care to maintain the safety distance with the front vehicle by well examining the right and the right and the right of the motor vehicle, and to prevent accidents by accurately manipulating the steering direction and the brakes.

Nevertheless, the Defendant neglected this and was negligent in driving a vehicle on the front side of the said K5 vehicle due to the negligence of driving the vehicle on the front side of the same lane, and received the part on the front part of the said K5 vehicle behind the left side of the victim C(W, 50 years old) driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the string that requires treatment for about two weeks, and at the same time, did not immediately stop the said stringing car to the extent of scrapping, and does not take necessary measures, such as providing assistance to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of victim;

1. Reports on traffic accidents, investigation reports, on-site photographs, and investigation reports (specific circumstances of the suspect);

1. The application of Acts and subordinate statutes to medical certificates and investigation reports (grounds for failure to attach written estimates);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of absence of measures after destruction)

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

1. Each one shall be sentenced to a fine by driving under the influence of alcohol, or by driving under the influence of alcohol or without a license, for an alternative sentence of imprisonment;

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