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(영문) 청주지방법원 2018.03.15 2017고단1919
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 Cunst Cargo Vehicles.

On July 1, 2017, the Defendant driven the above car at around 08:15, and continued the front distance in Jincheon-gun, Jincheon-gun from GS Mart to Jincheon-gun Forestry Cooperatives.

At the same time, traffic control is not carried out due to the absence of signal lights, so in such a case, there was a duty of care to prevent accidents in advance by checking whether a driver is a vehicle crossing by reducing the speed or temporarily stopping the signal, and operating the steering and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and was negligent in driving the part on the right side side of the victim F.F.(42 3) driving car, which was going into the jurisdiction of Jcheon-Eup office from the surface of Jincheon-si, Jincheon apartment room from the above shooting distance, and received the front part of the above rocketing cargo vehicle.

As a result, the Defendant, by negligence in the above business, caused the victim to suffer a light fluoral feum in need of treatment for about two weeks, and at the same time, destroyed the said car rental car to be repaired in an amount equivalent to KRW 1,421,00,000, and escaped without immediately stopping and 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. Reporting on the occurrence of a traffic accident;

1. A written diagnosis and written estimate for repair of vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 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. Articles 53 and 55(1)3 of the Criminal Act (the fact that the commission of a crime and the mistake is against the victim, the fact that the victim agreed with the victim, and the fact that the damage is not serious.

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