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(영문) 청주지방법원 2017.11.02 2017고단854
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 vehicle B with low investment.

On March 13, 2017, the Defendant driven the above car at around 19:45, and proceeded two laness at a speed of about 60km in speed from the 36-lanes of the national highways at the Cheongju-si to the Cheongju-si, as in the Cheongju-si, the petition Cheongju-si.

At the time, there are night and road driving cars, so in such cases, the person engaged in driving duties had a duty of care to prevent accidents from smoke and safely drive the steering gear and brake system by accurately manipulating the steering room and the steering system.

Nevertheless, the Defendant neglected to do so, while proceeding in the front of the Victim C(S) driving while driving at the front of the 42-year driver’s knife, followed by the knife part of the knife drive of the said knife, and followed by the said knife vehicle from the front of the knife driver’s seat of the said knife vehicle to the left part, and followed by the victim E(S. 49 years old) driving knife the front part of the said knife vehicle.

As a result, the Defendant, at the same time, did not take necessary measures, such as immediately stopping the said victim C and the said victim E, even though he/she damaged the said car to the extent of KRW 2,26,685 in repair cost, and immediately stopping the said car to the extent of KRW 2,115,089 in repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Accident scene and photographs of related vehicles;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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