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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단554

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed 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 engaged in driving a gallon vehicle B.

On September 3, 2020, the Defendant driven the above vehicle on September 19:35, 2020, and driven the road of one lane in front of the Gangseo-gun, Gangwon-do, in the direction of dialogue, the Defendant driven at an insular speed in the direction of Pyeongtaek-si.

At that time, there was a center line installed on the road, so in such a case, the driver of the vehicle has a duty of care to see the front line well and to drive the vehicle safely without breaking the center line.

Nevertheless, the Defendant neglected this and operated the vehicle at the opposite lane by the negligence of driving the vehicle while driving the vehicle at the center of the center, and by the negligence of driving the vehicle at the opposite lane, received the front part of the E E business vehicle as the front part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant did not immediately stop the above garl vehicle so that it can not be repaired, and did not immediately stop to rescue the victim, and escaped without neglecting the Defendant vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report (on-site investigation report), a field photograph, an investigation report (G's statement), an investigation report (related to calculating the amount of repairing expenses for damaged vehicles);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures and order to provide community service;