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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단1346
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 C-A-hurd motor vehicle.

On April 14, 2018, the Defendant driven the above car on April 14, 2018, and led the front of the road D at the time of strike to the direction of one way per hour on the side at the entrance of the alley.

In such cases, drivers are obliged to accurately operate the steering system, brakes, and other devices of the vehicle and to prevent accidents in advance by safely driving the vehicle in a driving direction.

Nevertheless, the Defendant neglected this and was driving by the Victim F (21 tax) who was proceeding in the next step due to the negligence of the Defendant.

The front part of the GNN car was followed by the Defendant’s vehicle behind the car.

Ultimately, the Defendant, by such occupational negligence as above, suffered from the victim F, the victim H (21 Doh) and I (21 Doh) who is a passenger of the above NN car at the NN, respectively, the injury of light clocks, etc. in need of approximately two weeks medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the above NN car and aiding the damaged person, even though it damages approximately KRW 1.3 million for repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A medical certificate (F), a medical certificate (H), a medical certificate (I), an investigation report (Attachment to a written confirmation of victim F medical treatment), an investigation report (a document, etc. accompanied by a written confirmation of entry and discharge);

1. Written estimate;

1. Application of the statutes governing the reproduction of field CCTV images;

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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an 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 1.

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