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(영문) 청주지방법원 2020.08.18 2020고단729
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 2, 2020, the defendant, around 23:15, proceeded to the left left turn in order to turn to the left at the c elementary school level from the underground street of Yongsan-dong, Yongsan-dong, the substantial circulation of the Cheongju-si.

At night, the victim D was driving at night and at the front of the day, the EP car driven by the victim D was stopped for the signal atmosphere. In such a case, the driver was obliged to take a duty of care for preventing accidents by accurately manipulating the front door and the right and the right and the right and the right and the right of the driver and accurately manipulating the operation of the brake and the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with the back portion of the No.S. car as it is, however, shocked into the front portion of the said A.S. car.

As a result, the Defendant suffered from an injury to sastum salt in need of the victim’s treatment for about three weeks by occupational negligence as seen above, and at the same time, the Defendant escaped without taking necessary measures, such as destroying a rocketing car to repair cost of KRW 372,667, and providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs, reports on the occurrence of traffic accidents, diagnosis certificates, and estimates;

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 (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act does not take necessary measures even though the defendant did not cause a traffic accident, the defendant runs away, and the degree of injury suffered by the victim is relatively heavy, and the defendant agrees with the victim only at the investigation stage.

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