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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단1967
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

1. The Defendant is a person engaging in driving a vehicle BMW 520D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “CM”).

On June 9, 2017, the Defendant driven the above vehicle on the one-lane road of the number of officetels located in the 8-28-ro, U.S., Mangyeong-gu, U.S., U.S. at the ancient city around 22:40, and made it left to the third-distance of the petition officetel from Lone Star on the right side.

In such cases, the defendant has a duty of care to observe the tea lines and prevent accidents in advance.

Nevertheless, the Defendant, without complying with the vehicle line, left the right left at the opposite line, brought the part of the back of the driver's seat of the sports vehicle in the Eco-hon of the victim who was parked at the second line of the said road due to the negligence, which led to the left-hand turn, in front of the driver's seat of the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F (V, 54 years old), and the victim G (V, 24 years old) by rash salt, etc. requiring two-day medical treatment, and at the same time, even though the damaged vehicle destroyed the damaged vehicle to have an amount equivalent to KRW 1,347,036, the Defendant stopped immediately and escaped without taking measures such as providing relief to the victims.

2. The Defendant violated the Road Traffic Act (in distressed driving) driven the vehicle in distress, such as driving the vehicle described in the preceding paragraph at a distance of about 150 meters away from the center line at the time and place specified in paragraph 1, and driving the vehicle onto the clock distance of the petition from the side of the boarding church.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Photographs of the vehicle, and photograph of the vehicle under way;

1. Application of the Acts and subordinate statutes to capture the damaged vehicle booms images, and to cover the scambling images of witness vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning the crime as provided in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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