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(영문) 춘천지방법원 원주지원 2019.08.14 2019고단534
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with labor for one year and two years under the suspended sentence for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the Jeju District Court's original branch on March 28, 2019, and whose judgment became final and conclusive on April 5, 2019 and is currently under suspended sentence.

【Criminal Facts】

The Defendant is a person who is engaged in driving the B-learning vehicle.

1. On April 10, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the “Act”). On April 19:17, 2019, the Defendant driving the said vehicle with the shooting distance from the U.S. Dori-dong, U.S. Dori-si, thus driving it toward the C University

A driver of a vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded with the part of the back part of the victim D(M5) driving EM5 vehicle, which was parked in order to change the lanes in the front section of the Defendant’s vehicle due to negligence.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and at the same time, destroyed the above victim’s vehicle to cover approximately KRW 952,00,00 of repair cost, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. On April 10, 2019, the Defendant violated the Road Traffic Act (free license) driving of the B-learning vehicle without obtaining a driver’s license from the front of the F-on-Road in the Won-si to the front road of the Dori-dong U.S. Dori-si in the Dori-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report (1) (2), photographs of victim vehicles, the register of driver's licenses for motor vehicles, and an investigation report;

1. Criminal records;

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