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(영문) 수원지방법원 안산지원 2017.10.13 2017고단2228

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving duties of K7 cars.

On December 25, 2016, the Defendant driven the above car at around 07:05, and stopped five lanes in front of the crossing of the viewing distance in light of light view, using three-lanes from the boundary of the horizontal distance to the boundary of the iron mountain, while driving the vehicle at around 07:05, the Defendant stopped in accordance with red signals.

At the time, red signal, etc. was operated in the direction of the defendant's running, and after the position of the above intersection, the center line of yellow solid lines has been installed, so in such a case, the driver of the motor vehicle has a duty of care to operate the steering and steering gear accurately without driving the center line, and to operate the steering and operating gear in accordance with the signals safely.

Nevertheless, the Defendant neglected to go through an intersection with a red signal while driving the stroke, and was placed on the left side of the taxi driving of the victim C(62) who stopped under the new subparagraph on one lane in the opposite direction due to the negligence of running the center line. The Defendant received more portion of the side of the taxi driving by the Defendant’s driver than the left side of the vehicle driving.

Ultimately, the Defendant suffered light salt to the victim C in need of approximately two weeks’ medical treatment due to occupational negligence as above, and, at the same time, escaped without taking necessary measures, such as immediately stopping the said taxi and providing relief to the injured party, even if the Defendant destroyed the said taxi to have an amount equivalent to KRW 3,980,000 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes concerning car inspection specifications;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the act of not taking measures after the destruction of goods)

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

1. Selection of the penalty (the same kind of power, and the same type of power);