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(영문) 수원지방법원 안산지원 2017.04.24 2016고단4530
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

Criminal facts

The defendant is a person who is engaged in driving CK7 cars.

On October 26, 2016, the Defendant driven the above vehicle at around 05:50 on October 26, 2016, and 32-1 sports park intersection at the 46th Do-ro, so-called 32-1 sports park, which is a large city at Sinung-si, had the signal atmosphere in accordance with the right-hand turn-hand turn-hand turn-off from the 4-lane of the ridge to the 4-lane of the

At this point, in the case of an intersection where the vehicle signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle with a designated lane in accordance with the signals of the motor vehicle by accurately operating the front section and the left and right of the motor vehicle and accurately operating the steering and steering system.

Nevertheless, the defendant neglected this and tried to turn to the left even though the vehicle signal is straightened.

In other words, due to the negligence of entering the same one lane in the course, the victim D (hereinafter referred to as 24 years old) driving EM vehicle operated along the above one lane, suffered from the victim's injury such as salt, tension, etc. in a string in need of approximately two weeks of treatment on the right side of the Defendant vehicle, and at the same time, the damaged vehicle was destroyed to damage approximately KRW 1,918,438 of repair cost, and escaped without taking necessary measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service and order to attend lectures, the age, sex, environment, and the crime of this case.

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