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(영문) 수원지방법원 여주지원 2017.05.12 2017고단138
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle for the first time in D.

On October 13, 2016, the Defendant driven the above car at around 23:05, and moved down the 1158 foot-distance to the speed unspeed in the direction of the direction of the party from the direction of the direction of the road.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and steering gear, controlling the speed in advance, and safely operating the motor vehicle.

Nevertheless, the Defendant neglected to stop the signal waiting in the same direction, and received the front part of the car driving by the Defendant following the FK5 car of the victim E(59) driving in the same direction.

Ultimately, the Defendant was found to be late following the above occupational negligence, and then received the panion in front of the vehicle from which he was faced.

The subject of the judgment did not take necessary measures, such as stopping and stopping the said vehicle to the extent of KRW 1,279,188, such as repair cost, such as maintaining the exchange of rier panions, thereby causing injury to the said victim for approximately two weeks of medical treatment due to the foregoing occupational negligence, and escape without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A E-document;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes to photographs of damaged vehicles and CCTV regovers;

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 (the point of non-measures after the traffic accident);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which requires more severe punishment) ;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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