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(영문) 수원지방법원 2018.05.01 2018고단798
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 a period of 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 a vehicle with K3 boarding.

On December 23, 2017, the Defendant driven the above car at around 05:00, and led the road of the Fjudo 2nd line in the direction of the Fjudo e, Young-gu, Young-gu, Young-gu, to proceed about about 60 km each hour in the direction of the Kjun Police Station in the direction of the funeral hall.

At the time, the driver was at night, and the driver was at the right edge of the same lane, while the driver was at the right edge of the victim G(41) driving, and the driver was at the right edge of the same lane, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating the steering system while living well.

Nevertheless, the Defendant neglected to do so and proceeded as it is, by negligence, received the back part of the left-hand part of the car in this Do as part of the Defendant’s driving’s driving in front of the right-hand part of the car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as stopping and saving the damaged party, even though the Defendant destroyed a car in the above Do to bring about approximately KRW 4,485,281.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on the actual condition of a traffic accident, on-site photograph, scene photograph of an accident, and photograph of a vehicle under consideration;

1. Blue boxes and video CDs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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