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(영문) 청주지방법원 2018.07.19 2018고단269
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 motor vehicle by borrowing B.

On November 19, 2017, the Defendant driven the above car at around 21:40, and led the D's front road of the station in the Cheongju-si, Cheongju-si, to proceed from the internal Eup/Myeon to the Gyeong-si.

At the time, there was a signal at the night and at the front of the defendant's moving direction, so the defendant engaged in driving of the motor vehicle had a duty of care to reduce the speed and to make a safe driving.

Nevertheless, the Defendant operated a mobile phone, neglected to stop at the front of the Defendant’s driving direction, and continued to stop the signal waiting at the front of the Defendant’s driving direction, and received a panion in front of the Defendant’s car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and, at the same time, escaped without taking measures such as aiding and abetting the victim, even if the victim, the Plaintiff, at the same time, destroyed the said rocketing car that was owned by the victim, the victim, a Donita Geum-gu, to have an amount equivalent to KRW 4,122,424.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 (the point of non-measures after the injury from duty) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria (the range of recommended punishment) shall be the type of one (the act of escape after the injury) after traffic accidents;

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