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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단823
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 13, 2017, the Defendant operated a B cruise car on December 13, 2017, and driven the front C in front of the Won-si, the front of which is the distance of the official residence, from the front of the Dong-si to the one-lane of the four-lane.

It is a road where the center line of yellow-ray is installed, and the defendant's vehicle is in front of the defendant's vehicle, such as the victim D(42C) and the E-Wood vehicle, etc. were in front of the driver's vehicle, so the defendant who was engaged in driving of the motor vehicle had a duty of care to prevent the accident with the vehicle in the signal atmosphere by driving safely without the center line and accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and operated the center line in order to turn to F-sides from the tolerance distance, and failed to accurately operate the steering gear and brakes, and went to the right side of the Defendant’s passenger vehicle with the left side part of the said vehicle of the Defendant’s passenger vehicle. In addition, the Defendant suffered injury to the victim and the victim G (V, 48 years old) who is the passenger of the damaged vehicle for about 2 weeks of light clock, tension, etc. in need of treatment for about 457,710 won, while leaving the center and leaving the vehicle to turn to the left, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. Each statement and an accident report;

1. A copy of each medical examination and treatment register, a copy of a certificate of multiple copies, a report on the occurrence of a traffic accident, a survey report on actual condition, a medical certificate, and a record book;

1. Each investigation report (round 5,21);

1. Application of Acts and subordinate statutes to photographs and photographs on accident site;

1. Article 5-3 (1) 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 under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Selection of penalty;

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