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(영문) 수원지방법원 성남지원 2020.04.28 2020고단53
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in the operation of K7 cars.

On September 26, 2019, the Defendant driven the above vehicle on September 16, 2016, and proceeded at a speed of 60km each hour from the Cheongsan to the high-speed IC along the two-lane road in the direction of the Sinnam-si C.

Since the above road has a yellow-ray center line on the yellow-ray, a person engaged in driving of a motor vehicle has a duty of care to take account of the traffic situation of the driving direction without the center line, to accurately manipulate the steering direction and prevent accidents from occurring.

Nevertheless, the Defendant neglected this and got the center part of the upper left-hand part of the FTS300 EVO E, which was driven by the victim E (the aged 31) who was driving along the opposite lane due to the negligence of driving the center line.

As a result, the Defendant suffered from the victim’s right-hand opening of a framework for about 8 weeks of treatment by occupational negligence as above, and at the same time, destroyed the above Oral Ba, which is owned by the victim to have approximately KRW 1,990,100, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the status of payment of insurance money, such as a traffic accident investigation report by the police on the defendant's legal statement E, a photograph of each defendant's vehicle (10 pages, 21 pages), field photograph (12 pages), on-site photograph (12 pages of investigation record), medical certificate,

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act: Imprisonment with prison labor and the scope of applicable sentences in the law for the reason of sentencing choice of sentence:

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