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(영문) 의정부지방법원 2018.09.19 2018고단3337
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 three 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 B-A-D car.

On June 28, 2018, the Defendant driven the above car at around 10:40, while driving the car at the speed of 131, the Defendant proceeded with the road in front of the public health clinic of the Gu government in front of the public health clinic of the city government, which is located at the speed of 131.

At the time, there was a vehicle stopping in the front of the signal waiting, and in such a case, there was a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brake system to the person engaged in driving service.

Nevertheless, the Defendant neglected to do so and proceeds in front of the said car by negligence and received the back portion of the DNA Rotoba, which is driven by the victim C (63 tax) who is waiting for a signal to the front side of the said car, and caused the victim E (e.g., 57 years old) who stops in front of the above Rotoba shock, to get the back portion of the F Ha to be driven by the victim E (e.g., 57 years old).

As a result, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of treatment, and suffered injury to the victim E, such as catum fat, which requires approximately two weeks of treatment, and at the same time, destroyed the repair cost of Austria, which is equivalent to KRW 2,125,00, and KRW 665,578, and escaped without taking measures, such as aiding the damaged person by stopping immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The actual investigation report on traffic accidents;

1. On-site map and on-site photograph;

1. Each written diagnosis;

1. Application of each 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions 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 same Act;

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

1. Punishment;

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