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(영문) 전주지방법원 군산지원 2017.10.25 2017고단601
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

1. The Defendant is a person who is engaged in driving a franchise-low-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On March 13, 2017, the Defendant driven the above car at around 06:45, and proceeded with the roads within the school private distance of 471, Hasan-si, Hasan-si, in the direction of the Hasan Police Station, from the slope of the Hasan Police Station to the risibol.

Since there was a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to live well on the front side and the right and the right of the motor vehicle, and entering the intersection in accordance with the new code.

Nevertheless, the Defendant neglected this and got off the front part of the car driven by the victim D(38) driving Esleatom drive, which was conducted in accordance with the new code from the offside of the esleatom drive from the offside of the esle in the esle of the car driven by the Defendant, even if the esleatom signal was a stop signal.

Defendant 1 caused injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to such occupational negligence, and at the same time, Defendant 2 escaped without taking necessary measures, such as immediately stopping the vehicle owned by the victim and providing relief to the injured party, even though the vehicle was damaged by the victim to be repaired in KRW 6,692,108, such as the exchange of the front offender.

2. The Defendant violated the Road Traffic Act, at the time and place specified in paragraph 1, destroyed the repair cost, such as the exchange of the Emsom-car owned by the victim by occupational negligence, such as the set forth in paragraph 1, with respect to the Emsom-car owned by the victim, to cover KRW 6,692,108.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition and an accident scene photograph;

1. Application of written estimates (E) and written diagnosis;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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