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(영문) 청주지방법원 2019.01.17 2018고단2191
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

On May 25, 2018, at around 07:28, the Defendant driven a BF car, and proceeded along a three-lane crossing in front of a D cafeteria located in Seo-gu, Seo-gu, Seo-gu, Cheongju, with one-lane from the Cheongju to the south, while making a left turn to the e-way.

Since the above intersection is a place where traffic is controlled by signal, etc., the defendant who was engaged in driving service had a duty of care to properly operate the steering system and to safely operate the steering system in a safe manner according to good faith.

Nevertheless, the Defendant neglected this and proceed to turn to the left as above without violating the signal, and thereby making it possible for the Defendant to take the back portion of the driver’s seat of the victim H(45 years old) driver’s car driven by the victim F(49 years old) under the direct line at the front of the Defendant’s running direction, to avoid the said car driven by the Defendant, the Defendant got the front portion of the driver’s seat of the victim H(45 years old) driver’s driver’s car moving to the right-hand from the direction of the said intersection to the right-on.

The Defendant, by such occupational negligence, committed an injury to the body of the victim J (W, 15 years of age) who was a partner of the victim F and the above low-est passenger car, for approximately four weeks of medical treatment, and, at the same time, committed an injury to the victim H, such as salt, tension, etc. of a drilling requiring approximately three weeks of medical treatment, and the victim H at the same time, 6,239,620 won of the repair cost, and escaped without immediately stopping the above cargo to ensure that the above cargo is damaged to KRW 6,650,00,000 for each of the above 6,650,000 won of the repair cost, without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. The actual condition survey report;

1. On-site photographs;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding Act.

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