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(영문) 전주지방법원 2017.07.18 2017고단772
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 C-Scar.

On April 1, 2017, around 05:35, the Defendant operated the said car at the seat of the car registration office and made the left turn to the left by driving it at the seat of the car registration office at the riding distance room.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by properly observing traffic laws and regulations, and by accurately manipulating the front and rear left and right, and by accurately manipulating the steering gear.

Nevertheless, the defendant did not fulfill the above duty of care and did the left-hand turn in violation of the signal while the left-hand turn-hand turn-hand turn-hand turn-off, and did not take necessary measures such as immediately stopping the above SM5 car and saving the injured party's eM5 car of the victim D ( South, 42 years old) who was normally driven on the front-hand side of the car registration office, due to its shock, and suffered injury, such as light sM5 car requiring approximately two weeks medical treatment, and at the same time, escape from the scene without taking necessary measures such as providing relief to the injured party, etc., even if the 879,702 won of the repair cost was destroyed and the 879,702 won was lost.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reporting on the occurrence of a traffic accident;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. At the time of the instant accident with the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant did not take necessary measures, such as the victim relief, as well as the observation of protection and the order to provide community service and attend lectures.

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