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(영문) 청주지방법원 2016.12.01 2016고단1110
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

On April 25, 2016, the Defendant driven the above vehicle at around 23:50 on April 25, 2016, while driving a three-lane in front of the D cafeteria in the Goi-gu Kui-gu Seoul Metropolitan City at the new service distance, driving the three-lane from the new service distance room to the agricultural and fishery product market room, and changing the two-lane line.

In such cases, the defendant, who is engaged in driving service, has a duty of care to operate direction direction, etc., give notice of change of course, and safely change the vehicle line in the future and the future.

Nevertheless, the Defendant neglected this and immediately changed the lane of the F Fexton vehicle driven by the victim E (the age of 27) due to negligence, etc., the Defendant shocked the back part of the Fexton vehicle as the front part of the vehicle.

The Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately two weeks of treatment on the part of the victim E, on the part of G (V, 51 years of age), on the part of G (V), who was on the part of the sexton vehicle, the injury such as salt, tensions, etc., of the shoulder pipe, which requires approximately two weeks of treatment, on the part of H (V8 years of age) who was on the sexton vehicle, on the part of the H (58 years of age) who was on the sexton vehicle, without taking necessary measures, such as providing relief to the victim, even though the repair cost of the sexton vehicle is damaged to 787,820 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) (actual survey report);

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

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 each sentence of imprisonment;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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