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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단660
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the vehicle of the United States Cubus.

On December 28, 2016, the Defendant was waiting to turn to IC in order to turn to the head of the port while sending a signal, according to the first-lane of 86-1, Do-ro 1275, Do-ro 1275, Do-dong, Gyeonggi-gu, Mangsan-si, Sinsan-si, the Defendant stopped in order to turn to the left at the port of the port while he was straighted from the department department room to the lake.

In this case, the driver of a motor vehicle has a duty of care to ensure safe operation by accurately operating the steering gear and brakes according to the left and right turn after verifying the signal.

Nevertheless, the defendant neglected this to mistake that the left-hand turn signal was operated, and started the vehicle as it is, and stopped while waiting for the left-hand turn signal in front of the defendant's car.

D The lower part of the Defendant 1’s vehicle was charged with the front part of the Defendant 1’s vehicle, and the Defendant 1 suffered from the injury of the victim, such as salt ties and tensions, which require approximately two weeks of treatment, and at the same time, the victim’s vehicle was damaged by 82,160 won for repair, and the victim’s vehicle was immediately stopped and escaped without taking necessary measures, such as providing relief to the injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes by cutting off the scene photographs of an accident, vehicle photographs, and CCTV images;

1. Article 5-3 subparag. 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 occupation of a measure not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a number of criminal records related to traffic, and the order of another person is issued.

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