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(영문) 제주지방법원 2018.12.21 2018고단700

특정범죄가중처벌등에관한법률위반(도주치상)등

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

However, the execution of the above punishment shall be suspended for 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 of a car in C SP area.

On March 17, 2018, the Defendant driven the above car at around 21:10, and led to the way to the mountain of mountain at the port of the private road, along with the E convenience point located in D in Seopopo City of Seopopopo City.

At the time, there is a night and place where traffic control is carried out, so in such cases, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking whether there is a cross-road vehicle by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the Defendant neglected to do so and did not temporarily stop, and was the victim F (M. 66 years old) who was proceeding from the right edge of the G observer car driving on the right edge of the G observer car, and received the pent part, etc. in front of the left edge of the Defendant’s car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, and tensions in the areas requiring approximately two weeks medical treatment, and the part that is in need of the above two-day medical treatment. At the same time, the Defendant, after driving the observer car, did not take necessary measures such as providing relief to the injured party by immediately stopping the vehicle, even after destroying the said observer to be in excess of KRW 3,434,671.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, photographs of the scene of accidents, and photographs of harming vehicles;

1. A medical certificate;

1. Application of written estimates for automobile inspection and maintenance;

1. Relevant legal provisions concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the accident);

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

1. Selection of punishment: Imprisonment with prison labor;

1. Reduction of a small amount;