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(영문) 창원지방법원 2019.01.09 2018고단2492
특정범죄가중처벌등에관한법률위반(도주치상)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 10:45 on May 17, 2018, the Defendant, who is engaged in driving a new-clock vehicle B, driven the said vehicle and driven the vehicle to its original source along the two-lane road of the Changwon tunnel, which is located in the Sogsan-gu Busan-si, Changwon-gu, Changwon-si.

The driver of any motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, while neglecting this, the Defendant got a driver behind the DK7 car operated by C(W, 39 years old) in front of the Defendant, the Defendant got a driver in front of the said New CK7 car, and due to its shock, the Defendant got a driver in front of the victim E(W, 43 years old) driving in front of the car in front of the vehicle in front of the vehicle in front of the Defendant. The Defendant got a driver in front of the said MV car (W, 45 years old) driving by G(W, 45 years old) driving in front of the vehicle in front of the vehicle.

Ultimately, the Defendant, by its occupational negligence, committed the injury to the East 7 Car I (V, 63 years old) of the said K7 car, such as catum cats and tensions, which requires approximately two-day medical treatment to the victim J (5 years old), and suffered the injury to the victim E, who is the driver of the said ma business vehicle, such as catum catum cats and tensions, which require approximately two-day medical treatment, and escaped without immediately stopping and taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, G, and E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and for the choice of punishment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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