(영문) 청주지방법원 2017.01.18 2016고단2521

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(영문) 청주지방법원 2017.01.18 2016고단2521

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On July 23, 2016, the Defendant driven the above car at around 02:05, and driven the above car at around 102, the front of the street at the speed of the Won-gu, Seog-gu, Seogju, Seog-si, in the direction of the mountain. The Defendant driven the two-lanes of the two-lanes among the three-lanes.

In such a case, there was a duty of care to proceed with the driver in accordance with the good faith to the person engaged in driving of the motor vehicle.

Nevertheless, the defendant did not discover the ozone part of the victim C (23 ) driving of the victim C (23 ) driving from the outside of the Cheongju-ju to the light elementary school in accordance with the new subparagraph due to the negligence of the red fluence, and caused the victim to go beyond the road by shocking the back wheel part of the victim's vehicle in front of the left part of the defendant's vehicle.

As a result, the Defendant caused the victim to suffer injury, such as cutting the frame of the 12 week medical treatment, due to the above occupational negligence, and at the same time, did not immediately stop the victim's Oba while destroying about KRW 3.80,000,000 for repair expenses, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

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 injury);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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