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(영문) 의정부지방법원 2021.01.27 2020고단4178

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 engaged in driving a rocketing car.

On October 2, 2019, the Defendant driven the above car on October 13:35, 2019, and led the road of the “D” located in the Dongbcheon-si C to proceed in the direction of early mountain education from the direction of the tunnel.

At the same time, the driver E (the 64 years old) was stopped on the right side of the front door, and the victim E (the 64 years old) had a duty of care to look at the front side and the right side of the driver and to prevent the accident in advance by accurately keeping the brakes and steering gear accurately.

Nevertheless, the Defendant neglected to do so while driving his business, caused the victim's rear side of the bicycle for three-wheeled motor device to the left side of the car on the Defendant's driving, and caused the bicycle for three-wheeled motor device to see the victim by the shocking the victim.

Ultimately, even though the Defendant suffered from an injury to the victim's blood transfusion due to the treatment days due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

Summary of Evidence

1. The report of each traffic accident E in the statement by the defendant before the court, the report on the occurrence of the traffic accident, on-site photographs, photographs of the moving vehicle of the damaged vehicle, photographs of the damaged vehicle, ctv video data;

1. The application of Acts and subordinate statutes to each medical certificate, written opinion, written confirmation of hospitalization, written confirmation of an investigation report (written opinion submitted by the F submitted by the victim's children, written confirmation of release from a entrance, written opinion submitted by the victim's guardian, written confirmation of release from a entrance, written diagnosis for the degree of disability, and written diagnosis for examination of the degree of disability (on

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. The Criminal Act for mitigation of quantity;