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(영문) 수원지방법원 2019.07.11 2019고단2030
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 motor vehicle B.

At around 06:10 on March 30, 2019, the Defendant driven the three-lane road in front of D, which is located in Suwon-si, Suwon-si C, along the two-lane from the high-luminous distance to the parallel of way.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering system and brakes with the driver of the vehicle.

Nevertheless, due to the negligence that the Defendant neglected this and failed to properly operate the brakes on the front side of the Defendant’s vehicle, the Defendant left the front side part of the victim E (the 59-year-old driver’s 59-year-old driver’s 59-year-old driver’s 59-year-old driver’s 5-year-old driver’s 5-year-old driver’s 1) and caused the victim’s vehicle to be the central separation zone installed on the road due to its shock.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt dynasium in need of treatment for about two weeks, and at the same time, destroyed the above SM5 car to cover 6,268,098 won for repair expenses, and escaped without taking measures such as aiding and abetting the victim, even if the repair cost of KRW 1,197,000 for the repair cost was damaged, the Defendant immediately stopped the above centralized separation zone to the extent that it was destroyed by the above repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A medical certificate;

1. Written estimate and written estimate of the central separation zone of roads; and

1. Application of the Acts and subordinate statutes on de facto condition survey reports, photographs of damaged vehicles, field photographs, road photographs of accidents, black stuffs image images, and photographic Acts and subordinate 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;

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

1. Imprisonment with prison labor chosen;

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