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(영문) 의정부지방법원 2017.12.01 2017고단3897
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 who is engaged in driving of the Lone Star Cargo Vehicle B.

On June 11, 2017, the defendant driving the above cargo vehicle at around 07:50, and proceeding to the backside of the front middle school at the 1-dong public parking lot which is able to go to the new village of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

Since there is an intersection that is not supported by traffic control, a person engaged in driving service has a duty of care to check whether there is a vehicle, etc. entering the intersection first by reducing the speed or temporarily stopping it, and to drive it.

Nevertheless, the victim C(58 tax) who had left the left as it is due to negligence of neglecting this, was driven by the victim C(58 tax) who had left the left from the right side of the defendant's proceeding, also received the part of the driver's seat of the car as the part of the cargo driving which the defendant drives.

Ultimately, the Defendant caused injury to the victim, such as salt, tensions, etc. by negligence in the course of performing such duties, and was on board a car driving by the victim.

To E (the age of 57), approximately 3 weeks of medical treatment suffered injury, such as brain dead sugar, etc., and at the same time, 5,484,380 won, such as dial exchange, was destroyed to the extent that the car was damaged to the extent that the car was damaged, and the victim was parked and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate (C, E);

1. Application of written estimates (D) Acts and subordinate statutes;

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. Reduction of a small amount;

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