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(영문) 수원지방법원 평택지원 2019.05.31 2019고단99
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 8, 2018, the Defendant driven the above cargo vehicle on the 11:10 on October 8, 2018, and proceeded to turn to the right from the right intersection of Pyeongtaek-si C through one lane.

Since there are a number of vehicles passing through, they have a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

In addition, the victim E, who entered the above intersection prior to the above intersection and proceeded to the port from the right side of the defendant's proceeding, was shocked by the part adjacent to the driver's seat of the driver's vehicle driving by the victim E, which was driven by the victim E.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as salt, tensions, etc. of the climatic tension, which requires treatment for about two weeks, and at the same time, did not take measures such as aiding the victim, even though the victim’s car was damaged by the repair cost of KRW 526,856, and went away from the scene without taking measures such as aiding the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes governing the written diagnosis of victims and estimates of damaged vehicles;

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, 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 Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, without taking necessary measures even after having caused a traffic accident, runs away from the country, and such crime is committed.

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