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(영문) 수원지방법원 2017.05.16 2017고단422

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

피고인은 C 포 르 테쿱 승용차의 운전업무에 종사하는 사람이다.

On August 30, 2016, the Defendant driven the said car at a speed of about 60 km in the speed of about 30 km from Seoul to Busan in accordance with two-lanes on the 397.1 K-lane road at a speed of about 397.1 K from the 2-lane to Busan in order to drive the said car at a speed of 06:05.

At that time, in the three-lanes of the defendant's moving direction, the E-learning car driven by the victim D (n, 50 years old) was in progress, and thus, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the front side and the left side and driving the operation of the operation and the steering gear.

Nevertheless, the Defendant neglected this and went into the three-lanes, and due to the negligence of entering the said three-lanes, received the front part of the car driving in front of the right side of the automobile driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spony, and at the same time, destroyed the 1980,000 won market price and escaped without taking necessary measures such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report, the report on the occurrence of a traffic accident, and the vehicle photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (Submission of specifications of victim D insurance proceeds);

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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

1. Social services and.