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(영문) 수원지방법원 평택지원 2018.11.16 2018고단1202

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the Road Traffic Act (or the measures not taken after an accident).

On June 10, 2018, the defendant operated the above vehicle around 03:00, and got to turn to the left in order to turn to the left at the seat of the public health clinic while driving the shooting distance on the 1st national highway of Pyeongtaek-si, Seo-dong, Seo-si from the mountain bank to the flat-si.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant did not properly see the front side and did not show the rear part of the victim D (the age of 22) driving E-learning Motor Vehicle, which was in the front side of the vehicle above the Defendant driving.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and, at the same time, destroyed the victim’s driving vehicle so that the repair cost would be equivalent to KRW 298,626, such as exchange of back panions, etc., and escaped without taking necessary measures, such as stopping the victim and providing relief to the victim.

2. On June 10, 2018, the Defendant violated the Road Traffic Act, around 03:10, and around 229, in the south-do-ro 229, the Defendant: (a) brought about a traffic accident, such as the entry in the preceding paragraph; (b) brought about the left-hand side of the victim F-owned vehicle parked on the road A while escaping; (c) brought about the damage to the 5,920,750 won in repair cost, such as the exchange of the victim H-owned I New EF vehicle, by shocking the left-hand door of the victim H-owned vehicle; and (d) destroyed the said new EF vehicle to repair cost of the 3,591,63 won, such as the arrival of the H lamps.

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