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(영문) 수원지방법원 성남지원 2018.06.14 2018고단790
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 engaging in driving a rocketing car.

On December 6, 2017, the Defendant driven the above car at around 23:25 on December 23, 2017, and led the four-lane road in front of the Sinnam-si of the Gyeonggi-si to proceed along the three-lanes in the direction of the groposium in the direction of the groposium.

At the time, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes by reducing speed and thoroughly examining the right and the right of the driver of the motor vehicle, because the red signal such as the vehicle signal is lighted at night and at the front.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to negligence, and the part of the lower part of the victim D (the 30-year-old driver) driving, which was driven by the victim D (the 30-year-old driver), was committed as the front part of the rocketing car.

The Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and at the same time, did not immediately stop a vehicle and escape without taking measures, such as providing relief to the injured party, even though the said vehicle was damaged to an extent equivalent to KRW 2,155,250.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate and a detailed statement on the payment of insurance proceeds;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant, and the degree of accident is relatively minor.

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