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(영문) 의정부지방법원 2021.01.20 2020고단5065

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

On November 27, 2020, the Defendant had been sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) at the Jung-gu District Court on November 27, 202, and the judgment became final and conclusive on December 5, 2020.

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On March 6, 2020, the Defendant driven the above car at around 12:00, and led the road of the “D elementary school” located in C at the Southern-si, Namyang-si, to the patrol box at the right side of D middle school.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle so as not to impede normal traffic of other motor vehicles.

Nevertheless, the Defendant neglected to do so and proceeds from the aftermath due to the negligence of the Defendant’s driving, and found and suspended the Defendant’s MF5 car, and the front part of the Defendant’s MF5 car’s fM5 car was shocked with the back part of the Defendant’s MF5 car.

Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant destroyed the said M& car so that the repair cost, such as L/Wer exchange, would be KRW 258,048, and escaped without informing the victim of only the mobile phone number of another person.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition of E, a vehicle involved in an accident and on-site photo (A), a diagnostic certificate (E), a motor vehicle estimate, and a report on internal investigation (the analysis, etc. of damaged vehicles booms);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the damage of property by negligence) of the same Act are conceptually concurrent crimes.