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(영문) 청주지방법원 2020.06.11 2019고단2809

특정범죄가중처벌등에관한법률위반(도주치상)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-learning car.

On August 10, 2019, the Defendant driven the above car at around 03:10, and stopped in the atmosphere of the signal at the front of the high school annexed to the college of education of the D University, Goju-gu, Goju-si.

In such cases, the driver shall immediately stop the vehicle and take necessary measures when the vehicle is killed or damaged due to the traffic, such as driving, etc. of the vehicle, while keeping the vehicle in a safe manner pursuant to the traffic conditions and signals of the front and rear left-hand.

Nevertheless, due to negligence after neglecting this, the Defendant sustained injury to the victim, such as salt, tension, etc. in the trend that requires treatment for about two weeks, by shocking the F taxi driven by the victim E, following the Defendant’s vehicle behind the Defendant’s vehicle, and left the scene without immediately stopping 429,911 won of the above damaged vehicle and without taking necessary measures, even if it was destroyed to the extent that the repair cost of the above damaged vehicle was destroyed to the extent of 429,911 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include traffic accidents involving the order to provide community service and attend lectures and taking necessary measures, such as aiding and abetting the victims to escape from a sense of drinking alcohol, and thus, the defendants should be punished strictly in light of the inferior nature of the crime.

However, the defendant recognized the crime of this case and erred.