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(영문) 전주지방법원 2020.06.10 2019고단2079
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

At around 20:50 on April 13, 2019, the Defendant runs one-lane between the two-lanes in the direction E in front of the discharge station located in Yansan-gu, Yansan-si, and the two-lanes in the direction E in the direction of the discharge room.

The course has changed in the direction of two-lanes.

In this case, there was a duty of care to inform the driver of driving service of the change of course by direction, etc. in advance and to change the lane safely by taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and led the victim F(the age of 41) who was driving in two lanes due to the negligence of changing the course of the vehicle, and led the victim F(the age of 41) to the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, avoided the victim’s vehicle to repair cost of KRW 548,590, and escaped without taking any measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second protocol of interrogation of the accused by the police;

1. The police statement concerning F;

1. Medical certificate, written estimate of general repair expenses, and records of oriental medical treatment;

1. The actual survey report on each traffic accident;

1. Application of accident site photographs, accompanying CDs-related Acts and subordinate statutes;

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;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (this reason is considered for the following reasons):

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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