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(영문) 의정부지방법원 고양지원 2018.03.09 2017고단3891

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving of Cone Star vehicles.

On November 24, 2017, the Defendant driven the above vehicle around 21:30 on the 24th day, and driven the road of three lanes in front of the Magsung church from the active service to the right of wave along the two-lanes of the road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front left left left and right right and the steering gear of the motor vehicle, and to prevent accidents.

Nevertheless, the defendant neglected to do so and proceeded in front of the defendant's proceeding direction by negligence.

D(59) Driving E-si(59) was received as the front part of Defendant Driving Vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as light salt and tension, which requires approximately two weeks of medical treatment, and at the same time, destroyed the above vehicle to have an amount equivalent to KRW 2,780,127 of repair costs, and escaped without immediately stopping the vehicle to take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, on-site inspection report, and on-site photographs;

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

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area of special mitigation (from March to one year) (the person who has been specially mitigated) after traffic accidents.