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(영문) 의정부지방법원 고양지원 2017.04.21 2016고단3435
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 also a person who is engaged in driving a sports car.

On October 22, 2016, the Defendant proceeded at a speed from the direction of the Gu to the other four-lanes in the direction of the gold village, where the two-lanes are crossing at a multi-rate crossing in the 08:35 Sinju-si.

At the time, the Defendant had a duty of care to maintain the passage and the safety distance by accurately manipulating the steering wheel and operation of the F bargaining Motor Vehicle, as the Defendant followed the victim E (50) driving, and thus, the Defendant had a duty of care to maintain the passage and the safety distance.

Nevertheless, the defendant's vehicle's back part of the above-learning vehicle was operated by negligence while driving the vehicle at a stroke, and the above cco was operated by the defendant as the front part of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties, tensions, etc. in need of medical treatment for about two weeks, and at the same time, the repair cost, such as exchange of back panions, destroyed the above frighting car to the extent that 593,197 won was damaged, and escaped without taking necessary measures, such as stopping and providing relief to the injured party.

Summary of Evidence

1. Entry of each part of the defendant in the protocol of public trial on the first and second occasions;

1. Legal statement of witness G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. E statements;

1. A report on investigation (report on the analysis of black stuffs and images);

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs, such as the scene of the accident, and black stuffs video display;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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 concerning the crime (the point of non-measures after the traffic 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 defendant shall be the victim) of the mitigated amount.

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