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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단816
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 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 of B Poter cargo vehicles.

On February 20, 2020, the Defendant, around 21:06, continued to drive bypassing from the edge of the drink to the speed of the drinking trees C at the speed of the parallel, along with a one-lane from the edge of the drinking tree to the upper end of the city.

In this case, the driver who intends to enter the intersection bypassing the right side of the road has a duty of care to safely drive the road and prevent the accident by safely driving it in the front direction of the road.

Nevertheless, the Defendant was negligent in neglecting alcohol and by neglecting it as it is, and instead, took the front part of the E SP car driven by the victim D (W, 54 years old) who was driving directly from the right side of the ESP car that was driven by the victim D (W, 54 years old) who was driving directly from the right side of the EP car according to the new line from the right side of the EM to the right side of the said truck.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the string that requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as stopping the said string car, even though the Defendant destroyed the said string car to move in KRW 2,372,728, such as the exchange of strings, etc., and thereby, saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a survey report on actual condition, each investigation report (the moving route of a sea-going vehicle, black stuff, and CCTV image);

1. Article 5-3 (1) 2 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 (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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