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(영문) 청주지방법원 제천지원 2019.10.17 2019고단248

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 21, 2019, the Defendant driven the said car on June 21, 2019, and proceeded at a speed of about 129 km from E to F Hospitalside, depending on the two-lane roads in front of D gas stations in Incheon City.

It is a road with a restricted speed of 80 km or less per hour, and at the time, the H EXE car driven by the victim G (35 years of age) was in progress at the front of the road. In such a case, there was a duty of care to prevent accidents by complying with the restricted speed, and by accurately operating the front and the front of the vehicle, the driver of the vehicle was at the same time obliged to keep the safety distance with the front vehicle by accurately operating the brake system.

Nevertheless, the Defendant was negligent in not operating the operation system accurately without accurately operating the operation of the operation system at a speed exceeding approximately 49 km per hour, and the Defendant received the back part of the said vehicle operated by the victim with the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the said car owned by the victim to the extent of 8,304,866 won, and escaped without immediately stopping the said car and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An accident site photograph and a description of photograph;

1. A medical certificate;

1. Written estimate of repair costs;

1. An analysis of traffic accidents;

1. Application of 2 Acts and subordinate statutes in Chapter 2 of the Blue video storage CDs

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 (the point of failing to take measures after the accident);

1. The Commercial Concurrent Crimes Act.