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(영문) 수원지방법원 안산지원 2019.03.14 2018고단3857
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 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 car at C200K event.

On October 17, 2018, the Defendant driven the above car at a speed of 01:48, and led the two-lane road in the front of the member C in Ansan-si, Ansan-si, to proceed at a non-speed speed depending on the four-lane surface from the median area to D.

At all times, there was an intersection where signal lights are installed on the front side, so it was a duty of care to see the front line signal to the person engaged in driving service, to accurately operate the brake and steering gear, and to stop down after the front line to reduce speed when the signal is a stop signal, and to prevent the accident with the front vehicle in advance by properly examining the front side.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system even though it was a stop signal for the front side, and was negligent in proceeding without properly operating it. The Defendant was behind the back part of the taxi driven by the victim E (the age of 59) who was stopped for the signal atmosphere in the front part of the Defendant’s car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require treatment for about three weeks, and at the same time, destroyed the amount equivalent to KRW 788,082, such as repair cost, such as exchange of a vehicle behind the victim’s vehicle, and escaped without stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of taking measures to prevent property from being destroyed or damaged);

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

1. Selection of imprisonment with prison labor chosen;

1. Contrary to Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation, agreement;

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