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(영문) 수원지방법원 성남지원 2019.08.13 2019고단723
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 becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person engaging in driving a rocketing car.

At around 00:50 on May 28, 2018, the Defendant driven the said car and proceeded with the three-lane roads in the straight-dong of Gwangju City along the speed of the straight-ri tunnel, straight-ri tunnels between Sung-nam and Gacheon-do, in order to drive the said car, according to the one-lane way from the Sungnam side to Gwangju.

At that time, the above road had been set up around the road at night, and there was a white line between the two lanes of the above road, and since the victim C is driving a DK5 taxi on the two-lane of the above road, there was a duty of care to prevent accidents by accurately manipulating the traffic situation of the direction and accurately manipulating the steering direction.

Nevertheless, the Defendant neglected this and neglected to return the Hand to the right side, caused the part of the driver's seat of the above cab driving by the Defendant to go on the front side of the vehicle of the Defendant, and led the said cab to go back to the right side by keeping the above cab back to the right side due to the shock.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E (the 47-year-old) who was on the top of the above taxi due to the unknown number of medical treatment days or other damage to the institution in the mouth, etc., and at the same time, destroyed the above taxi owned by the victim C by more than 4,684,410 won, and escaped without taking measures, such as immediately stopping the taxi and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of statutes on a de facto survey report, on-site photograph, photograph of a black stuffe photograph (20 pages of investigation records), each vehicle photograph, CCTV image photograph, diagnosis document (96 pages of investigation records), and a letter of decision on physical payment;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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