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(영문) 청주지방법원 2018.05.17 2017고단2206
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 has been engaged in driving duties of the CM5 car.

On August 26, 2017, at around 05:59, the Defendant driven the said car and changed the “E” front of the “E” road located in Sinju-si, a considerable area of the Cheongcheon-dong, into a mountain slope corresponding to Sinju-si.

On the two-lanes at the time, the victim F (n, 46 years old), G QM3 passenger vehicles in QM3 driving in the same direction as the Defendant, and in such a case, there was a duty of care to prevent accidents by changing the vehicle line by operating direction, etc., giving notice of change of course to the person engaged in driving service, and considering the traffic conditions at the right and right and right and right and right and right and right and right and right and right

Nevertheless, the Defendant neglected to do so and proceeded with the two-lanes of QM3’s left-hand side of the said QM3’s car, and received more fences than fences after the right-hand side of the said QM5’s car.

Ultimately, the Defendant, by the above occupational negligence, caused the victim to suffer from the base salt for approximately two weeks in need of treatment, and at the same time, did not immediately stop the said QM3 vehicle to the extent that it damages the repair cost of KRW 1,739,025 and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against the F;

1. A traffic accident report;

1. Blue bbbbox images CDs for damaged vehicles;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs, such as accident scenes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of absence of measures after destruction)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

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

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