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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단555
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

Punishment of the crime

The defendant is a person who is engaged in driving B-learning vehicles.

On October 13, 2020, the Defendant driven the above vehicle at around 16:30 on October 13, 2020, and driven the road of the two-lane in front of the Gangseo-gun, Gangwon-do, in the direction of the right line, at an irregular speed in the direction of the parallel.

At that time, there was a center line installed on the road, so in such a case, the driver of the vehicle has a duty of care to see the front line well and to drive the vehicle safely without breaking the center line.

Nevertheless, the Defendant neglected this and caused the victim D ( South Korea, 61 years old) who was frighting in the opposite lane due to the negligence of frighting the center line and frighting along the center, to keep the vehicle of the Defendant at a balanced balance and to return the vehicle to the center of the road with the front frighter of the above frighter vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, did not immediately stop the above low-speed vehicle so as to cause the damage to the repair cost and escape without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The application of Acts and subordinate statutes to traffic accident reports (on-site survey reports), field photographs, internal investigation reports (on-site conditions, etc.), black stuff images (on-site 15), diagnostic records, diagnostic records, photo-flocking images of the black stuffs, and investigative reports (the details of the victim's treatment and confirmation of the amount of damage);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Selection of penalty;

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