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(영문) 의정부지방법원 고양지원 2016.11.03 2016고단2478

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 a low-speed car B.

On July 9, 2016, the Defendant driven the said car on July 12:40, 2016, and driven the three-lanes of the four-lanes of the four-lanes of the right of way, which is the road 1290-7, Dong-gu, U.S., U.S., in the direction of U.S. ICT, from the direction of U.S. to the direction of U.S. 80km.

At all times, vehicles are driving on a motorway in high speed, so in such cases, a person engaged in the driving of a motor vehicle has the duty of care to drive the motor vehicle after checking the right and the right and the right of the road and checking the safety of the course.

Nevertheless, the Defendant neglected this and changed the direction of the vehicle rapidly from the three-lane to the one-lane, and brought the vehicle into the two-lanes of the victim C(52 years of age) who was driving a four-lane, after having driven a D motor vehicle in the direction of the victim C(52 years of age). The Defendant got the vehicle with the top part of the vehicle in the front part of the vehicle in the low string, which the Defendant driving the string part, to fall into the front part of the victim's driving with his own right, under the direction of the right.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury, such as brain salva, salva, salva, and salvave stress disorder requiring mental treatment for at least three (3) months, and escaped without taking necessary measures, such as providing rescue to the victim, even if the repair cost of KRW 19,600,000 is damaged to the degree of salva, and the Defendant immediately stopped the vehicle and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Written estimate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on accident-related photographs;

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 Competition.