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(영문) 의정부지방법원 고양지원 2018.10.12 2018고단1758
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 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 a low-priced car.

around 23:50 on May 17, 2018, the Defendant driven the above car and let him turn to the left from the letlet on the side of the Sinsan-dong Office located in the 1256 Sinsan-dong, Seoyang-gu, Seoyang-si.

Since there is a private street intersection in which signal apparatus is installed, in such a case, the driver of the vehicle has the duty of care to check whether there is a vehicle passing through the intersection by reducing the speed and checking the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant was negligent in neglecting this and driving by the victim C (A, 50 years of age) who was proceeding from the right middle school to the lake park at the right middle school.

D) The left upper part of the motor vehicle of the U.S. is received as the front part of the defendant's vehicle.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as catum cat, etc. in need of approximately three weeks of medical treatment, and suffered injury to the victim E (58 tax) of the passenger car in the same passenger car in the same passenger car in the same passenger car in the same passenger car in approximately two weeks, and at the same time, destroyed the car in the same passenger car in the same passenger car in 13,110,90 won and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A written diagnosis and written estimate;

1. Application of field photographs, vehicles photographs, and Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of view of failing to take measures after an accident) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;

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