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(영문) 춘천지방법원 원주지원 2019.02.13 2018고단1264
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On October 14, 2018, the Defendant driven the above car on October 18, 2018, and was in the 1337-4, the aftermariri-ri 1337-4, the front of the bus stops in order to proceed with the road of one-lane one-lane in front of the bus stops in the Nowon-gu, Seoul Special Metropolitan City.

At the time, the victim C(n, 60 years old) was driving a D Tbluri vehicle at the same direction. In such a case, there was a duty of care to ensure safe operation of the brake system by properly operating the brake system in accordance with the progress situation of the vehicle in front of the defendant's vehicle.

Nevertheless, the Defendant failed to discover the victim's vehicle that reduces speed to more than a vehicle and proceeds without finding the victim's vehicle, and received the victim's back part of the victim's vehicle in front of the above SM3 vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, escaped without taking measures for rescue and prevention of danger on roads and smooth traffic flow, even though the Defendant destroyed and damaged the said Tbluri-car to bring about risks to road traffic by causing the victim’s repair cost of KRW 450,00,00, such as the exchange of back flives.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1)- a de facto survey report, a traffic accident report (2)- a field map, on-site photographs, diagnosis certificates, written estimates, and each investigation report;

1. Application of statutes concerning criminal records;

1. Article 5-3 (1) 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;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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