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(영문) 청주지방법원 2017.04.19 2016고단2682

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of 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 driver's vehicle with B gallon.

On October 25, 2016, around 23:20 on 25, 2016, the Defendant was driving along one-lane road in the 45-1 Dong Dong-dong, Seogdong-dong, and the Dolle-si, Seog-si, and one-lane in the Dolle-do.

Since there was a frequent intersection of vehicle traffic, there was a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, as long as the Defendant neglected to do so, the Defendant was negligent in proceeding without speed to pass through the intersection when the intersection signal is yellow light, and due to the negligence of the Defendant’s driving in front of the Defendant’s vehicle C (50 ) the victim C (50) who stopped under the new subparagraph before the Defendant’s vehicle, and received the part behind the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, the victim E (22) and the victim F (22) for each two-day medical treatment, and at the same time, did not immediately stop the said taxi to the extent that it damages the amount equivalent to KRW 3,509,086 for repair cost, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

The application of the law to the defendant's legal statement C of the traffic accident report by the police's statement report, the actual investigation report, the visit to the scene of the accident;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

6. The reason for sentencing under Article 62-2 of the Criminal Code, the observation of protection and compliance, and the community service order.