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(영문) 수원지방법원 평택지원 2019.11.22 2019고단1193
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 who is engaged in driving a Grand Car.

On June 21, 2019, the Defendant driven the above vehicle at around 20:57, and led to the crosssection of Pyeongtaek-si C, from the east Zone, to the ebbbbbbbb off of the square zone.

Since there are many crossings of vehicles, in such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle is safe by looking well at the front side and the left side of the vehicle and to ensure the safety of the course, the defendant neglected to do so, and thereby, was driven by the victim D (the victim D) who operated the vehicle directly from the right side of the running direction of the vehicle in question to the left side of the vehicle in question by negligence, and received the back part of the vehicle in front part of the vehicle in question by the driver of the vehicle in question.

As a result, the Defendant, by its occupational negligence, committed an injury to the knife base, which requires approximately three weeks of medical treatment to the said victim D, sustained injury to the victim F (the 39 years old), who is the passenger of the victimized vehicle, by the knife base, etc., requiring approximately two weeks of medical treatment, and escaped without taking necessary measures, such as aiding and abetting the said K 3 car to the extent that the repair cost, such as exchanging the knife, would amount to approximately 565,904 won.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement made to D by the police;

1. Each written diagnosis;

1. Written estimate of the damaged vehicle;

1. Application of Acts and subordinate statutes to criminal investigation reports (victim D telephone communications);

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 concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act are as follows.

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