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(영문) 청주지방법원 2018.07.05 2017고단2853

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 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 vehicle with K5 passengers.

On October 21, 2017, the Defendant driven the above car at around 22:20, and tried to make an internship in order to proceed to the opposite line while driving the bus stop in front of the bus stop 141 located in Cheongju-si, Jung-gu, U.S., Jung-gu. 141.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so there was a duty of care to thoroughly see the front city in the person engaged in driving service and prevent the accident by making a U-turn at the place where the internship is permitted.

Nevertheless, the Defendant neglected to do so and received the back part of the victim C(30 years old driving)'s D/M driving in the front part of the above K5 car driving seat from the 1-lane area of the c/M to the c/M area of the c/M elementary school in the c/M area of the c/M.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim’s fluoral finites requiring approximately two weeks of treatment, and at the same time, the repair cost was damaged to the extent that the above 258,300 won was damaged, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 of the Road Traffic Act concerning the crime;

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 on orders to provide community service and attend lectures;

1. The sentencing criteria (the range of recommended punishment) shall be the type of one (the act of escape after the injury) after traffic accidents;