(영문) 춘천지방법원 원주지원 2019.09.06 2017고단460

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(영문) 춘천지방법원 원주지원 2019.09.06 2017고단460

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 QM5 car.

On March 21, 2017, the Defendant driven the said car at around 22:00, while driving the said car and driving the three-lane road in front C in front of the original city along the three-lanes from the sand-resistant distance outflow to the multi-level shooting distance.

In this case, the driver of the motor vehicle has a duty of care to give notice of change of course and to move slowly and safely according to the right side side of the road by giving direction prior to change of course to the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not give an advance notice of the way to the direction, etc., and received the front part of the driver’s vehicle driving seat of the victim E (the 29-year-old driver’s license) who was stopped in order to move the way to the right-way distance from the surface of the D apartment site on the side of the D apartment site due to the occupational negligence by a sudden rounding of the direction.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and at the same time, escaped without taking measures to rescue the victim, prevent danger on the road, and ensure smooth traffic flow, even though the Defendant destroyed and damaged the passenger car owned by the victim, thereby causing danger to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report, an accident site photograph, each investigation report, a diagnosis report, and a quotation;

1. Application of statutes concerning criminal records;

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;

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

1. Article 62 of the Criminal Act:

참조조문

-도로교통법 제54조 제1항

-도로교통법 제148조

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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