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(영문) 전주지방법원 2019.05.31 2018고단2149

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 B knife vehicle.

At around 04:40 on September 20, 2018, the Defendant driven the above van and proceeded at a ice stadium from the sloping-dong room to the ice stadium-side.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and led to the failure of the Defendant to proceed in red signal to the right-hand part of the victim C(the age of 76) driver's driving of the victim C(the age of 76) driving in a direct manner under the new code on the left-hand side of the Defendant's driving direction.

The Defendant, by occupational negligence, suffered from the vertebrates and postlines that require approximately eight weeks of medical treatment to the victim, and at the same time, escaped without any measures such as stopping and providing relief to the victim, even though the repair cost of KRW 3,900,686, such as the exchange of the flive motor vehicle, was destroyed by the flive motor vehicle so that the 3,900,686 won can come.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Written estimate for maintenance of motor vehicle inspection and written diagnosis of victims;

1. Application of Acts and subordinate statutes to report internal accidents (related to securing and attaching distress images);

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 crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service and lecture attendance order;

1. Application of the sentencing criteria (determination of types).