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(영문) 전주지방법원 2021.01.26 2020고단2238
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On July 14, 2020, the Defendant driven the above car at around 22:50, while driving it in the direction of the former North-do Office of Education in the direction of the former North-do Office of Education, depending on the two lanes, the three-lane distance in front of the C church in the way that is located in the Hongsan-ro in the Jeonsan-gu Seoul Special Metropolitan City.

At the time, since it is night and a distance from which a signal is installed, there was a duty of care to drive safely by controlling speed in advance by thoroughly operating the steering time and operating the steering and steering system accurately.

Nevertheless, the Defendant neglected to do so and neglected to do so and received the back portion of the E-learning Motor Vehicle which was driven by the victim D (43 Do, South) who was parked on the front side by red flag, as the front portion of the said K7 Motor Vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light scam and scams in need of treatment for about 2 weeks, and at the same time, destroyed the above frighting passenger car in an amount equivalent to KRW 4,164,279, but did not immediately stop to rescue the victimized person, and escaped without taking any measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes to photograph the actual condition of a traffic accident report, on-site photographs, diagnostic records, written estimates, written confirmation of hospitalization, hospital replys, black booms, and to cover a course;

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 accident);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, for which punishment is heavier)

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under the Criminal Act;

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