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(영문) 수원지방법원 2017.06.20 2017고단1380

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

CM3 Persons engaged in driving of vehicles.

On January 29, 2017, the Defendant came to turn to the left at a high level from the Folk village of Korea to the left-hand distance at the entrance of the Gyeonggi-do museum located in the Gidong-gu, Gidong-gu, Gidong-gu, Young-si.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the left turn in violation of the signal and led the Defendant to shock the part of the victim D (69 aged) driving in the direction of the Korean folklore village in the direction of the Korean folk village into the right side of the vehicle of the Defendant on the right side of the vehicle of the Defendant.

Ultimately, the Defendant, due to such occupational negligence, destroyed the victim D’s tensions, tensions, etc. in need of approximately two weeks of treatment, and sustained injury to the victim F (V, 52 years of age) who is the feass in need of approximately two weeks of treatment, and, at the same time, destroyed the damaged vehicle with approximately KRW 1,454,00 of repair cost, and escaped from the scene without immediately stopping the vehicle, without taking measures such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the actual survey report and the occurrence of a traffic accident;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

1. The crime stipulated in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims D with the largest punishment).