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(영문) 청주지방법원 충주지원 2017.07.18 2017고단455
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

On March 5, 2017, at around 15:40 on March 5, 2017, the Defendant driving a B rocketing car, leading to a two-lane point 215 km in the Yeongdeungpo-dong Highway Incheon, which is a cross-section of the Gangwon-gun Rental Park, and changing the course to the right-hand three-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the traffic situation before and after, and notifying the change of course in advance by direction, etc.

Nevertheless, the Defendant neglected such duty of care and tried to change the course into a three-lane right-hand side of the Defendant’s vehicle into a three-lane, followed by the victim C(34) driver’s car volume, which was driven on the right-hand side of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as catum and catum salt in need of approximately two weeks of medical treatment, and suffered injury on the victim E (the victim 41 years old) of the victimized vehicle, such as catheral and catum fat, etc., for about two weeks of medical treatment, and escaped without taking necessary measures, such as aiding the damaged vehicle to repair KRW 1,058,539, and aiding the damaged vehicle to rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and E;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site photographs;

1. Reports on the occurrence of a traffic accident;

1. A map at the scene of an accident;

1. The driver's license ledger and the driver's license ledger;

1. Each written diagnosis;

1. Written estimate;

1. Report on internal investigation (related to statement of a victim, verification of personal information of a suspected victim, C telephone communications);

1. Application of Acts and subordinate statutes to report on investigation (verification of the process of receiving suspect insurance);

1. Article 5-2 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (hereinafter “Road Traffic Act”) concerning the crime

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