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(영문) 수원지방법원 2019.06.05 2018고단6287
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On October 25, 2018, the Defendant: (a) driven the said car on a 07:55-lane, and proceeded to the three-lanes of the four-lanes in front of the D Middle School in Yong-gu, Suwon District Court from the jurisdiction of the Suwon District Court to E-section; (b) was due to the negligence in the course of business passing the said intersection as it was in violation of the signal while the signal of the D Middle School C Intersection (hereinafter “instant intersection”) was a red signal; (c) the said intersection was driven by the victim G (n, e.g., the age of 40) who driven the said car from the F bank to the luminous intersection, and was in the back part of the steering gate of the HH-hurn-hurn-hurn-hurn-hurg of the said car.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as the pipe and human salt of the part of the part requiring medical treatment for about two weeks, and at the same time, destroyed the above A-to-purd motor vehicle with a total of KRW 4.7 million, such as the exchange of back fences, and escaped without any necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. A traffic accident report (1) (2) and on-site photographs;

1. Report on investigation (examination of black boxes and CCTV images), related photographs, and video CDs;

1. A criminal investigation report (basic investigation, such as particulars of an accident), investigation report (the degree of damage - a estimate and medical certificate);

1. The defendant and the defense counsel asserted to the effect that the defendant did not have the intention of committing the escape since they did not recognize that the damaged vehicle was a situation in which the defendant should take measures, such as aiding and abetting the victim, because they knew that the damaged vehicle was able to get out of the vehicle of the defendant.

However, the following circumstances revealed by the evidence duly adopted and investigated by this Court, i.e., the Defendant’s vehicle and the damaged vehicle, due to the instant accident, are shocked to the extent that the collision is seriously damaged.

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