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(영문) 춘천지방법원 강릉지원 2019.05.17 2019고단74
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 8, 2018, the Defendant driven the above car at around 21:25, and moved back the side road front of the C award in the East Sea to the direction of D High School from C commercial direction.

Since there is no central line, in such a case, a person engaged in driving a motor vehicle has a duty of care to enter the intersection and make a right and right-hand part of the motor vehicle, to accurately operate the brake, steering gear and other devices, to confirm the progress of other motor vehicles, and to check whether the vehicle is in progress.

Nevertheless, due to the negligence that the Defendant neglected this and proceeds bypassing it, the Defendant received the part of the victim F (34 years old)’s GM5 car driving in the direction of the E apartment from the direction of the D High School, following the left-hand side of the GM5 car driving by the Defendant, which was driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, stopped to the victim FF for about two weeks, sustained the victim H (the 32-year old-old) who is the passenger of the affected vehicle, resulting in an injury of light base, etc. requiring medical treatment for about two weeks, resulting in an acute reaction to stress requiring medical treatment for about two weeks, and escaped without taking necessary measures, such as providing rescue to the victim I (the 3-year-old-old-old-old-old-old-old-age stress), even though the victim J (the 2-year-old-old-old-age) suffered an acute response to stress requiring medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of K;

1. F's statement on the occurrence of traffic accidents;

1. Report on the occurrence of a traffic accident, actual condition survey report, field map of a traffic accident, and photographs of the current status of a traffic accident;

1. Investigation report (as to the suspicion of bodily injury resulting from escape under special circumstances), - Accident video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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