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(영문) 춘천지방법원 강릉지원 2017.11.23 2017고단1107
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 a car B i30.

On August 19, 2017, around 01:40 on August 19, 2017, the Defendant stopped a two-lane road in front of a long distance from the surface of the Pyeong High School to the front-dong bank, in accordance with the front bank credit, according to one-lane.

At the time, the signal was installed at night and at the front of the road, and the defendant was a lane in which only the left-hand turn can be left-hand, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in line and line with the passenger.

Nevertheless, the defendant neglected the above duty of care and entered the intersection as it is, by negligence, by entering the intersection at the same lane, and by negligence, at the two-lanes of the defendant's running direction, the left part of the DNA tank C (56 years old) driving by the victim C (56 years old) who was at the left in accordance with the front line in the two-lane of the defendant's running direction, was on the right side of the said vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim in light of salt and tensions that require approximately two weeks of medical treatment, and at the same time, did not immediately stop the truck and abscond without taking necessary measures, such as providing relief to the injured party, even though the truck was damaged by the 11,813,780 won of repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. On-site photographs;

1. A medical certificate;

1. Written estimate;

1. A criminal investigation report (limited to the escape part of the suspect), and the application of CCTV-related statutes for crime prevention around the scene of an accident;

1. Article 5-3 subparag. 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 the crime (the point of failing to take measures after the accident)

1. Commercial concurrence;

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