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(영문) 전주지방법원 2017.05.02 2017고단117

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 a period of 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 with detached motor vehicles.

On December 29, 2016, the Defendant driven the said car at around 06:45, and proceeded with the front three-lane of the 611 lux apartment with the dong-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, using two-lanes from the direction of the arche-gu to the direction of the Jeonju-gu.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding on the front side of the Defendant’s vehicle, thereby driving C ( South, 57 years old) of a victim who was standing on the front side of the Defendant’s vehicle in accordance with the red signal signal, etc.

D The back part of the franchise was received as the part of the Defendant’s driving in front of the said car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the above victim, such as a sudden state of necessity for two weeks medical treatment, and at the same time, even though the repair cost of the car was damaged by KRW 935,768, the Defendant stopped and escaped without taking measures such as aiding the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54(1) of the Road Traffic Act (the point of escape after the injury caused by occupational negligence), to which the written estimate Acts and subordinate statutes apply;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act on the order to provide community service and attend lectures.