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(영문) 수원지방법원 안산지원 2019.02.21 2018고단4243
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 a package freight vehicle B.

On November 4, 2018, the Defendant driven the above cargo vehicle on the 20:25th day of November, 2018, and led C ahead of the luminous road to the lower post office distance from the border of the iron industry.

At the time of night, the person engaged in driving service has a duty of care to safely drive with the safety distance with the vehicle running ahead of it.

Nevertheless, the defendant's negligent driving of the vehicle in the front section of the defendant's vehicle due to the driver's negligence, who is driving by the victim D (the age of 24) while driving the vehicle in the front section of the defendant's vehicle, is not faced with the reduction of the passenger's speed due to the driver's unauthorized crossing in the front section of the front section.

Ultimately, the Defendant suffered injury to the above victim, such as salt and tension, which requires treatment for about three weeks by occupational negligence as above, and escaped without necessary measures, such as providing relief to the victim, even though the Defendant damaged the said car to cover repair costs equivalent to KRW 4,041,706.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as reflectivity and agreement);

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

1. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;

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