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(영문) 청주지방법원 2017.11.22 2017고단1370

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to two years of probation for criminal fraud at the Cheongju District Court on January 5, 2017, and the judgment became final and conclusive on January 13, 2017, and is currently under probation.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On March 9, 2017, the Defendant, at around 22:55 on March 22:5, 2017, proceeded with three-lane roads in front of E, which are located in the petition district D, in the direction of the petition public health clinic at a speed that makes it impossible to identify two-lanes in the direction of increase.

At the time, the Defendant was at the front of the passenger vehicle driven by the Victim F (48 SM5) under the GM5 that was driven by the Victim F (SM5), and in such a case, there was a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting speed in advance.

Nevertheless, the defendant neglected to set a speed and received the back part of the passenger vehicle driven by F due to negligence while driving the vehicle.

Ultimately, the Defendant, by occupational negligence, suffered from the victim F and the victim H (39 years old), the above victim F and the above SM5 passengers, respectively, for about two weeks of medical treatment, and at the same time, did not take necessary measures such as aiding and abetting the above SM5 car to the extent that the repair cost, such as exchange of back panions, was damaged to the point of 534,841 won, but failed to stop immediately and rescue the damaged.

Summary of Evidence

Defendant’s legal statement F Report on the occurrence of a traffic accident in the police’s statement report, on-site photographs of the accident, and on-site examinations, diagnosis of the actual condition, and previous convictions in the judgment of the court: Application of a reply to inquiry, such as criminal history;

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, Articles 148 and 54(1) of the Road Traffic Act (a point of view after an accident);

2. Trade name;