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(영문) 의정부지방법원 고양지원 2018.04.13 2018고단360
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 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 a car in Cone Star.

On December 29, 2017, the Defendant driven the above vehicle at a three-distance street above the Dong-dong and Dong-dong-dong-dong-dong-dong-dong on December 29, 201, and led to turn to the left at a high level in the direction of a lake park.

The road has a traffic sign prohibiting left-hand turn on the surface and the signboard so that vehicles that are left at a higher level and combined with the road can not turn to the left, and since a signal, etc. is installed, there is a duty of care to safely proceed in accordance with the above sign and the new sign.

Nevertheless, the Defendant neglected this and went to the left at a higher level while leaving the road and flowing to the left without violating straight-line signals, and went to the left on the two-lanes, the Defendant D (n, 27 years old) of the victim D (n, on the left side of the E-Vehicle’s vehicle) driven by the two-lanes in accordance with the straight-line signals, taken the front side of the E-Vehicle’s vehicle driven by the Defendant’s driver’s vehicle into the front side, suffered an injury, such as light salt, etc. requiring approximately two-day medical treatment, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim, even if the said damaged vehicle damages its repair cost to the said KRW 1,803,757.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report and a photograph;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times for traffic-related crimes, and the defendant is still punished after a traffic accident.

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