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(영문) 수원지방법원 2018.04.24 2017고단8609
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The Defendant is a person who is engaged in driving a documentary car B.

On November 26, 2017, the Defendant driven the above car at around 00:45, and, at the center of the commercial building center, entered the three-lanes of the D, which are located in Suwon-si C in Suwon-si, in the direction of the transfer distance from the center of the commercial building, and changed the lane into one-lane.

At the same time, the victim E (30 Do) is driving a F-Adi vehicle in the same direction as at the time, and the Defendant engaged in driving service had a duty of care to operate the steering and operation system accurately, and to change the way and operation system in a safe way.

Nevertheless, the Defendant neglected this and neglected to change the car line as it is, and thereby, received the part adjacent to the left side of the Defendant’s driving of the said car.

Ultimately, the Defendant, by such occupational negligence, sustained injuries such as knee, knee, and tensions in the part of knee, knee, etc. requiring treatment for the victim about two weeks, and escaped without taking necessary measures, such as aiding and damaging the said knee car and providing relief to the damaged party, even though the Defendant destroyed and damaged the said knee and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting of each traffic accident, and capturing a black stuff and video image;

1. Video CDs ( damaged vehicles);

1. A medical certificate;

1. Application of the written estimate statutes;

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

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

1. The community service order under Article 62-2 of the Criminal Act

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