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수원지방법원 2014.04.03 2013고단6958
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 engaged in driving a motor vehicle B and III.

On October 27, 2013, the Defendant driven the above vehicle at around 23:30, and continued the intersection of the horizontal 58-1 square street in the sphere of the Suwon city from the spherter distance to the sphere road.

Since the place is a road where a central line is installed, a person engaged in driving a motor vehicle has a duty of care to properly look at the front, rear, and left and right of the motor vehicle and to prevent accidents by observing the motor vehicle lines.

Nevertheless, the Defendant neglected to turn to the left on the opposite side of the vehicle due to the negligence of driving the center line, and brought the front front part of the driving seat of the DNA rocketing vehicle driven by the victim C (the age of 40) who was in the signal atmosphere to turn to the left, and then shocked the center separation facility around the road.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately three weeks of medical treatment, and at the same time destroyed the victim’s vehicle to have approximately KRW 2,93,00 of repair cost, and escaped without any necessary measures, such as immediately stopping the vehicle at the central separation facility of the road, even though it damages approximately KRW 2,92,00 of repair cost to ensure that the repair cost is KRW 2,92,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. A written diagnosis of victims;

1. Application of the written estimate of vehicles and written estimate of central facilities;

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. Selection of imprisonment with prison labor chosen;

1. Voluntary mitigation is the confession and reflect of Article 53 and Article 55(1)3 of the Criminal Act, the fact that there is no record of criminal punishment, and the victim C and the victim.