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전주지방법원 2018.07.03 2018고단427

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 a period of 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 rocketing car.

On February 11, 2018, the Defendant driven the above car at around 05:00, and moved to the right bypassing the four-lane distance of Songcheon-gu, Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, at the center of Songcheon-gu, Seoul Special Metropolitan City.

At the same time, the surface was temporarily covered by snow, and the width of the road is small on the road, by the opposite line if it is not lowered and speeded. In such a case, there was a duty of care to prevent the accident in advance, such as by lowering the speed and bypassing it.

Nevertheless, the Defendant neglected this and led to the Defendant’s fault before the right-hand part of the E QM3 vehicle driving in the victim D(58) where the Defendant was waiting for the signal at the right-hand side of the passenger vehicle.

As a result, the Defendant suffered injury to the victim, such as light salt in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the victim’s car and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs;

1. Statement protocol (D);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes concerning investigation reports (related to traffic obstruction and danger);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Orders to provide community service and attend lectures under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of a small amount;