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(영문) 수원지방법원 성남지원 2016.11.10 2016고단2610

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 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 C-cruise vehicle.

On March 17, 2016, the Defendant, as a substitute driver at around 22:50 on March 17, 2016, operated the pertinent cruise car owned by the victim D, and operated the three-lane road in front of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu at a speed of about 30km along two-lanes from the front side of the middle intersection.

At the time, it is night and a road, which is a motorway, so in such a case, there was a duty of care to prevent accidents in advance by securing the necessary distance to avoid collision if the vehicle in front stops suddenly.

Nevertheless, the Defendant was negligent in driving a stroke while driving the stroke, which was driven by the Victim F, which was driven before the said cruise car, and received the part behind the said cruise car in front of the said cruise car.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim F, who is a driver of the pertinent rocketing passenger car, such as salt ties and tensions, which requires approximately three weeks of medical treatment, inflicted on the victim H, who is a passenger of the said rocketing passenger car, an injury on the string that requires approximately two-day medical treatment, and at the same time, sustained the victim D, who is a passenger of the cruise passenger car, for approximately two-day medical treatment, and escaped without taking necessary measures, such as repair costs, including repair costs of the cruise passenger car, to the extent that the amount of KRW 2,576,98, including repair costs of the cruise passenger car, exceeds KRW 2,158,209, including repair costs of the parts of the vehicle to be repaired to the extent that the amount of KRW 2,158,209, including repair costs of the vehicle to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A traffic accident report (1);

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.