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(영문) 의정부지방법원 고양지원 2018.02.09 2017고단3929
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

On October 21, 2017, the Defendant was responsible for the duty to prevent accidents by driving a cyber car with B B, around 07:15, and driving a three-lanes in front of the air concentration station at the number of Dong-gu, Busan Metropolitan City, Gyeonggi-gu, with two-lanes from the west-dong to the west-gu, in which the mail concentration station is located, depending on two-lanes, and the restricted speed is 60km at the speed of 60km. Thus, the Defendant was responsible for the duty to prevent accidents by operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to do so and neglected to set a speed more than 21 km per hour, and received the part on the left side of the victim C(50) driving, which changed the lane from the three-lanes to the one-lanes. The Defendant received the part on the left side of the victim C(50) driving, which changed the lane from the three-lanes to the one-lanes.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as catum salt, etc. requiring approximately three weeks of medical treatment, and suffered injury to the victim E (57 years of age) who fat together with the Defendant, in need of medical treatment for about two weeks, and at the same time, went away without taking necessary measures, such as immediately stopping, even if the Defendant destroyed the said high-speed car to bring about 3,689,554 won for repair, such as fishing exchange, and attempted to rescue the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Written response to a request for appraisal;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accidents;

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;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [a sentencing criteria].

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