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(영문) 의정부지방법원 고양지원 2018.03.16 2017고단3793

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 motor vehicle B with low investment.

On December 4, 2017, the Defendant driven a high-priced motor vehicle around 04:50, and opened three-lanes of the five-lanes of the shooting distance in front of the middle-lane of the New-si Dong-dong, Seoyang-si, Seoyang-si, Seoyang-si. The Defendant driven from the department store to the mast calendar.

Since there was a road where a signal, etc. is installed, there was a duty of care to maintain the distance of the front vehicle and prevent accidents in advance by safely driving the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded with the lower part of the D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

As a result, the Defendant, by occupational negligence, sustained injury to the above victim, such as light dump dump, which requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged party, even though the said dump motor vehicle was destroyed by KRW 3,257,571, such as exchange of dumfs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an 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 for mitigation of amount of punishment (the confessions and reflects by the defendant, the degree of damage, and the defendant's agreement with the victim that the injured person would not be punished against the defendant.