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(영문) 의정부지방법원 2017.05.30 2016고단4958
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 new-use car in C.

On August 15, 2016, the Defendant driven the above car at around 01:12, and continued to drive the car on the street near the “Ei Triart” located in Gyeonggi-gu D from the snow gate to the flat gate.

There is a road where the center line of a yellow-ray is installed, and since the road bend and bend road are continuous, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to drive the motor vehicle safely with the front line thoroughly and safely.

Nevertheless, the Defendant neglected to do so and received the victim F (W. 27 years old) who proceeds from the opposite part due to the negligent conduct of the center line, and the part left behind and right side of the said new framework vehicle. The Defendant received the said new framework vehicle from the opposite part above.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim H(38) who is the passenger of the affected vehicle, such as dynasium, tension, etc. in light of the following conditions: (a) the victim’s hynasium, tension, etc.; (b) the victim I (5 years old); (c) the victim I (5 years old); (d) the victim’s hynasium reaction, etc. with acute stress response, etc. in need of approximately two weeks of treatment; and (d) the victim J(3 years old) suffered from the injury of acute stress response, etc. in need of approximately two weeks of treatment; and (e) at the same time, the victim’s hynasium, such as the exchange of the preceding hynas, etc., destroyed the above hynas to the extent of KRW 1,040,917, and immediately stopped the victim and escaped the victim without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual condition, photographs of the damaged vehicle, and photographs of the damaged vehicle;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act concerning facts constituting an offense;

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