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(영문) 전주지방법원 군산지원 2019.02.13 2018고단1373

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor 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 a K5-car.

On September 16, 2018, the Defendant driven the above vehicle on September 16, 2018, and driven the viewing shooting distance of 144 in the Gunsan-ro, Gunsan-si, along the two-lanes in the direction of the educational office distance from the shooting distance of the public health clinic.

Since the traffic is controlled according to the traffic signal, the driver engaged in driving duty has a duty of care to safely drive according to the traffic signal.

Nevertheless, the Defendant neglected this by negligence in violation of the signal and brought the part of the Victim C(47 years old)'s driving (47 years old) driving in accordance with the cross-section in the direction of the funeral distance, the left-hand side of the running direction, into the right-hand side of the Defendant's driver's car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained two weeks of damage to the victim’s reputation, and at the same time, went away without taking necessary measures, such as extinguishing the said damaged vehicle, even though the repair cost, such as the exchange of the preceding panion, was damaged to the extent that 12,029,540 won, such as the exchange of the above damaged vehicle, and immediately stopping the vehicle, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition, a field photo, a report on internal investigation (on-site conditions), a report on internal investigation (on-site visit by the driver of a marine vehicle, a photograph, and the registered site of a marine vehicle), a medical certificate, a estimate, a report on internal investigation (on

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;