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(영문) 의정부지방법원 2019.07.24 2019고단1781
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 engaged in driving a BM5 vehicle.

On December 10, 2018, the Defendant driven the above car on December 10, 2016:15, and driven the two-lane road in front of C at the two weeks, toward the opposite interest of the Government.

In such cases, a person engaged in driving service has a duty to ensure that he/she is in a safe way to report the traffic situation of the prior-hands and to prevent accidents by driving along a lane.

Nevertheless, the defendant neglected to do so and neglected to do so on the right and the right and the right and the right and the right.

With the right side of the above car driven by the defendant, the victim D (W. 48 years old) driving on the two-lanes of the same side of the car driven by the defendant was placed at the left side of the automobile of the victim E (W. 48 years old).

As a result, the Defendant caused the victim to suffer the salt, tension, etc. of other parts of the elbow part which requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the above part of the elbow part of the motor vehicle so that the repair cost, etc. of the above part of the left fenced part of the motor vehicle, which is equivalent to KRW 1,191,308, and went away from the site without taking necessary measures such as providing assistance to casualties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an accident site photograph;

1. Written diagnosis (D), written estimate (D);

1. Investigation report (victim party telephone investigation);

1. To apply a report on investigation (a copy of a medical record) and a copy of medical records;

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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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