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(영문) 수원지방법원 2018.04.25 2018고단756
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed 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 a motor vehicle with sod motor vehicle of D.

On January 11, 2018, the Defendant driven the above car at around 22:30, and 197, the Olsan dong-ro 197, which is an Osan City-do dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed, so the Defendant engaged in driving service has a duty of care to accurately operate the steering and steering gear and to safely drive the wheel by keeping the wheel left and left well.

Nevertheless, as a result of the negligence of neglecting this, the Defendant neglected to stop in the center line to the first lane (on the other hand, 34 years old) opposite to the direction of the Defendant’s proceeding, and received the front offender of the FSP car of the Victim E (In this case, 34 years old) driving, which was parked in the traffic signal atmosphere, as the front offender of the Defendant’s driver’s vehicle.

As a result, the Defendant, by the above occupational negligence, suffered multiple scams, etc. requiring treatment for the victim about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged party by immediately stopping the scam to ensure that approximately KRW 5,315,726 of the repair cost would go to the above scam.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident;

1. A written diagnosis and written estimate;

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 (the point of absence of accident) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for the mitigation of small amount;

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