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(영문) 의정부지방법원 고양지원 2017.12.15 2017고단3098
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 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 of a DNA cargo vehicle.

On September 30, 2017, the Defendant driven the above cargo vehicle on September 15:40, and driven it along the two-lanes from the Seoul to the mountain. The Defendant driven the above cargo vehicle on September 30, 2017, along the two-lanes in front of the so-called Goyang-gu, Seoyang-gu, Seoul.

Since it is an exclusive road for motor vehicles, a person engaged in driving service has a duty of care to safely drive his/her motor vehicle at the front, rear, left, and right of the road.

Nevertheless, the Defendant got back the back portion of the victim E-V F F-S-S-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and inflicted injury on the victim I, who is the passenger of the above damaged vehicle, such as base salt, tensions, etc., which requires approximately two weeks of medical treatment, and suffered injury on the victim G, such as base salt, tensions, etc., which require approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the damaged vehicle by immediately stopping the vehicle, even though the Defendant damaged each of the above high-priced damaged vehicle’s repair cost amounting to KRW 3,870,579, and KRW 1,535,312.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement of I;

1. The actual investigation report on traffic accidents;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury) and Article 148 of the Road Traffic Act.

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