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(영문) 수원지방법원 2019.05.09 2018고단7332
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment 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 engaged in driving a BM5 vehicle.

At around 22:00 on October 14, 2018, the Defendant proceeded in the direction D in Suwon-si Line C at Suwon-si.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected to do so and received the part on the left-hand back part of the car driving seat of the Defendant’s car, which is driven by the victim E (W, 30 years old) driving.

The Defendant, due to such occupational negligence, suffered injury to salt, tensions, etc. by the Defendant, which requires treatment of the victim about two weeks, and escaped without immediately stopping the said vehicle and taking necessary measures, such as providing relief to the victim, even though it damages the repair cost equivalent to KRW 269,418, such as the replacement of back-faculers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident-related statement of E;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Blue box photographs of the damaged vehicle and photographs of the accident site;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures shall be deemed to have escaped without causing traffic accidents and taking necessary measures despite the occurrence of such crimes.

In addition, there is no agreement with the victim.

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