(영문) 청주지방법원 제천지원 2013.11.14 2013고단684

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(영문) 청주지방법원 제천지원 2013.11.14 2013고단684

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a ready-light vehicle C.

On July 22, 2013, the Defendant driven the above car at a speed of 22:10, and driven the two-lane road in front of the International Motor Vehicle Trading Company, which is located at the intersection of Ycheon-si, along the intersection distance from the intersection to the intersection of the two-lane.

In that case, since the defendant engaged in driving service is at night and in the vicinity, there was a duty of care to prevent accidents by thoroughly keeping the safety distance with the vehicle in front, while driving the vehicle.

Nevertheless, the Defendant neglected to do so and attempted to overtake the vehicle while driving a mobile phone without thoroughly passing the front line, and the part of the victim D(34 years old)’s left rear wheels of the two-lane drive, which was going ahead of the said two-lane vehicle, was taken the front front of the car of the Defendant’s driving.

Ultimately, the Defendant did not stop the said rocketing car owned by the victim due to the above occupational negligence and did not take necessary measures, such as aiding the victim, even though the repair cost, such as the exchange of the back rocketing car, was damaged to the extent of KRW 583,736.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of written estimates for automobile inspection and maintenance;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on December 28, 201, the Defendant committed the instant crime since he/she was sentenced to 6 months of imprisonment without prison labor or 1 year of suspended execution as declared by a court on December 28, 2011 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the period of suspended execution has not elapsed. The Defendant’s driver of the Defendant’s vehicle pointed out

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