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(영문) 전주지방법원군산지원 2020.12.04 2020고단1219
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 Bchip car.

On July 17, 2020, the Defendant driven the above vehicle on July 20, 2020, and driven the two-lane road in front of the D Do in the west-si Seoul Special Metropolitan City of North Korea at the speed of the U.S. at the speed of the U.S. market distance from the east-si to the east-si.

At night, the driver's duty of care is required to safely operate the brakes and steering gear by accurately operating the steering gear and steering gear for the person engaged in the driver's duty of care.

Nevertheless, the Defendant neglected this and neglected to stop in front of the running direction of the Defendant’s vehicle, and neglected to stop the part of the victim E-driving F QM6 vehicle in front of the driving direction of the vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim E (the age of 50), such as salt dynasium, tension, etc., in which treatment for about two weeks is required, and suffered injury to G (the age of 22) who is the passenger of the above victim’s vehicle, such as salt dynasium, tension, etc., requiring treatment for about two weeks, and escaped without taking necessary measures, such as destroying the above victim’s vehicle to cover approximately KRW 876,702, as well as aiding the victim, while leaving the vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes to a written diagnosis (E), written diagnosis (G), and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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