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(영문) 춘천지방법원 원주지원 2017.04.12 2017고단29

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

The Defendant is a person engaged in driving a new cargo vehicle C.

On September 8, 2016, the Defendant driven the above vehicle on September 18:25, 2016, while driving the vehicle, which is located in the gold agency in the city of the prime city, led to the road of the unit mountain service center in front of the Kudern Industrial Service Center in the city of the prime city from the side of the prime city to the Geumdae Elementary School.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected to drive the center line due to the negligence of driving the center line, and received the part, such as the victim D (35 Do) driving E, which was driven by the opposite lane, such as the left-hand top-hand panion of another vehicle in the Defendant’s vehicle, prior to the left-hand top-hand part of the vehicle.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the said D, such as salt, tensions, etc., in need of treatment for about two weeks, and suffered injury to the victim F (67 years) who was on board another vehicle on the said Saturday, such as salt, tensions, etc., in need of treatment for about two weeks. At the same time, even though the repair cost of KRW 15,430,000 was damaged to the said other vehicle on the said Saturday, the Defendant immediately stopped and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of a traffic accident, drug map at the scene of an accident, and on-site photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) (a) of the Road Traffic Act, and choice of imprisonment with prison labor as to the crime;

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

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

1. The defendant, on the grounds of the observation of protection and the sentencing of Article 62-2 of the Criminal Act, is driving without a license or drinking.