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(영문) 수원지방법원 2018.08.07 2018고단3283

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2018, the Defendant was driving a lurd motor vehicle B B at a speed of about 20 km from May 28, 2018 to the intersection in front of the Ansan middle school located at the 2nd in the rurized path at the 2nd in the rurdy path at the 6nd in the apartment site at the rurgy of the Dong department to the 6nd in the rurgy of the Dong department at the speed of about 20 km.

Since there is a long distance crossing where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the signal by checking it well.

Nevertheless, the Defendant neglected this and neglected the work-related fault in violation of the signal, and caused the victim C (44 ) (the victim C (44 ) who driven in accordance with the new heading on the surface of the scarbbbbing of the scar in the West, to have the front part of the Twit-puron vehicle in front of the right part of the Twit-puron vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the victim, even though it damages the e-mail amounting to KRW 1,416,58.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A survey report on actual condition and an accident scene photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment], and the first type of escape after traffic accident.