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(영문) 춘천지방법원 원주지원 2017.07.03 2017고단327
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a rocketing car.

On March 2, 2017, the Defendant driven the above car on March 2, 2017, and proceeded ahead of the cross-section 200-1 at the time of Won-gu at the time of Won-gu with the front-gu road as the front side of the Dong-gu.

At this point, the center line of yellow solid lines was installed at the center of the road, and there was a section narrow from two lanes to one lane, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the car line and reducing speed.

Nevertheless, the Defendant neglected to do so and was negligent in driving the victim D (the age of 44) driving with the central line in order to overtake a YF rocketing car at the front side of the instant YFMM car, and received the part of the Defendant’s driving with the front side of the instant YFMMMMM and the rear gate in the direction of the front side of the instant YFMMMM and the rear gate.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, did not immediately stop the above YF Engines of the above victim, and escape without taking measures, such as providing relief to the victim, even though they damaged the above YF Engines of KRW 1,696,608.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (the following sentencing is in heavy importance).

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