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(영문) 춘천지방법원 2020.10.08 2020고단716

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 car in the Coinado sports car.

Around 23:00 on March 30, 2020, the Defendant driven the above cargo vehicles, and led the roads in front of the Seocheon-gun, Seocheon-gun, Gangwon-do, to a guard from the inside sports park.

At the time, there is a night, there is a center line of yellow-ray, and a bend road to the right side, so there was a duty of care to safely drive a motor vehicle, such as seeing the front side and accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with the center line while driving on the opposite lane, received the left pentle, driver’s seat, and back pentle of the victim D(42 years old) drive in the opposite lane from the other vehicle.

As a result, the Defendant suffered injury to the victim, such as “after-cerebrovasa,” which requires medical treatment for about three weeks due to occupational negligence as above, and, at the same time, escaped without taking measures such as providing contact information to the victim or providing rescue to the victim, etc., even if the Defendant destroyed the said vehicle by destroying its repair cost to the extent equivalent to KRW 2,949,978.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on the occurrence of a traffic accident, on-site photographs, and an investigation report (on-site conditions, etc.);

1. Application of Acts and subordinate statutes of a medical certificate and specifications for automobile maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The accident of this case is the defendant's central intrusion with the reason of sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures.