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(영문) 의정부지방법원 2018.10.16 2018고단3485
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 person who is engaged in driving a vehicle B with low investment.

On July 21, 2018, the Defendant driven the above car at around 13:30 on July 21, 2018, and proceeded with the first road in the direction of Eup/Myeon from the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and tried to turn left

At the time, on the opposite-line road, the victim E (the age of 42) was driving the F bargaining car, and thus, the driver had a duty to check the progress of the vehicle on the opposite-line road and to turn to the left safely.

Nevertheless, in order to turn to the left as it is, the defendant, by negligence going through the opposite line, caused the above-learning car to change the direction to the right side in order to avoid collision with the defendant's passenger car, and caused the victim G(42 tax) who was standing on the right side of the road to move to the right side of the vehicle, which was driven by the victim G(42 tax) who was standing on the right side of the vehicle on the right side of the road.

As a result, the Defendant suffered injury to the victim E, such as the cages and tensions of the cage cages that require approximately three weeks of medical treatment by occupational negligence as above, and at the same time, destroyed the cage cages to the extent of approximately KRW 4,003,98, and at the same time, destroyed the cage cages to the extent of KRW 2,280,000 of the repair cost, and failed to stop immediately and escape without taking necessary measures, such as aiding the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Keeping a survey report on actual condition and photographs of an accident vehicle;

1. A medical certificate;

1. Application of written estimates for repair of each vehicle;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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