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(영문) 의정부지방법원 고양지원 2019.05.16 2019고단761
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 engaging in driving a BMW car.

On 20:55 on 26. 20. 26. 20:55, the Defendant proceeded at the three-lane road of Mangsan-gu, Ulsan-si, Ulsan-si, at the city of 80km at a speed of 10km in accordance with the two-lanes of Kimpo-si.

In such cases, there was a duty of care to drive a person engaged in driving service while reducing the speed and accurately operating steering the steering gear and operating the steering gear in order to ensure the safety of course.

Nevertheless, the Defendant neglected to change the lane to a two-lane due to the fact that the injured party C (the aged 42) who was driving from the three-lanes to the two-lanes in front of the 100-meter Ga in front of the 100-lane Ga, was found to be late later, and immediately changed to the two-lanes in the process of correcting the lane, while immediately changing the lane to the two-lanes, the Defendant received the front gate and the penter part of the said BMW car to the right side of the said BMW car.

As a result, the Defendant, by occupational negligence, sustained injury to the victim C, such as catum salt in need of three weeks’ medical treatment, and sustained injury to the victim E (the 35 years old), who is the passenger of the damaged vehicle, such as catum salt in need of three weeks’ medical treatment, and at the same time, destroyed the above damaged vehicle so that the amount of KRW 2,658,348 is exceeded, and failed to immediately stop and take necessary measures, such as providing relief and providing information on the identity of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. CCTV images containing an accident scene;

1. Medical certificate (E), medical certificate (C);

1. Application of Acts and subordinate statutes on the examination of substitute insurance proceeds;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act as to the crime by occupational negligence.

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