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(영문) 전주지방법원 2017.06.13 2017고단475
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 engaging in driving a rocketing car.

around 04:00 on March 8, 2017, the Defendant proceeded along the two-lanes of the 153 Madon-ro Madon-ro Madon-ro Madon-ro Madon-ro Madon-ro Madon-ro Madon-ro Madon-ro.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes to those engaged in driving motor vehicles.

Nevertheless, the Defendant did not perform the above duty of care and did not immediately stop the said K5 vehicle while driving the said vehicle, and did not take necessary measures such as providing the injured with relief, etc., on the part of the Defendant’s driving, the back part of the 5-day K5 vehicle by the Defendant’s driving, which was found late after the Defendant’s driving of the 49-year-old vehicle. As such, the Defendant suffered injury to the victim by taking the front part of the 5-day vehicle by driving the Defendant’s driving, which was in front of the Defendant’s rocketing car, due to its shock, which requires approximately 2 weeks medical treatment, and the Defendant escaped the said 5-day vehicle without immediately stopping the vehicle to the extent that the 2,513,465 won of the repair cost is damaged, while leaving the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports (1), (2) on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning car inspection specifications;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take 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. An agreement is reached between the victim and the victim on the reason of sentencing under Article 62-2 of the Criminal Act on the suspension of execution of Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Amount, Article 62-2 of the Act on the Punishment of Community Service and Order to Attend Education, and the vehicles for the sea are also covered by the comprehensive insurance.

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