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(영문) 수원지방법원 안양지원 2020.05.28 2020고단242
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 22, 2019, the Defendant driven the above car on November 22, 2019, while driving the three-lanes in front of the Manyang-gu Seoul Metropolitan City along the two-lanes from the military air area in Seoul to the three-lanes, and then changed the two-lanes to the two-lanes.

At the same time, the Eco or fex vehicle driven by the victim D (the age of 42) was in progress, so in such a case, the driver of the vehicle has a duty of care to notify the direction change in advance and to prevent the accident by properly examining the traffic situation of the front left left left and right ahead.

Nevertheless, the Defendant neglected to change the vehicle line as it is, and was negligent in proceeding two-lanes on the left side of the running direction of the Defendant, and thereby, received the rear wheeler on the right side of the above victim's vehicle as the back wheeler on the left side of the Defendant vehicle.

After all, the Defendant suffered from the victim F (the 43 years old), who is the passenger of the above victim and the victim vehicle, respectively, for about two weeks of medical treatment. At the same time, the Defendant, while destroying the damaged vehicle and immediately stopping the damaged vehicle and taking appropriate measures such as providing relief to the victim. However, the Defendant left the scene without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, vehicle and other accident-related photographs, written statements, written statements of persons involved in the traffic accident, written statements, and CCTV images for crime prevention related to the traffic accident, photographs, estimates, and written checkups;

1. Article 5-3 (1) 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 point of failing to take measures after the accident);

1.Article 40 of the Criminal Code of Trade and Trade.

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