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(영문) 의정부지방법원 고양지원 2019.06.12 2017고단3713
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 of B Poter cargo vehicles.

On October 28, 2017, the Defendant driven the above cargo vehicle on October 28, 2017, and had 935-4, a two-lane from the junk Military Cemetery to the Madan City of Madon at the right time of the strike.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving motor vehicles to keep the line and pass the right side of the center line.

Nevertheless, the Defendant neglected this and got off the center line on the left side of the cargo vehicle of the victim CMW 530D car driving from the opposite side of the light bMW 530D car running from the opposite side of the light c (30 years old) due to the negligence of the fleeting the center line.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim E, such as light fat, etc. in need of treatment for about two weeks, and escaped without taking necessary measures, such as immediately stopping the said BM 530D car and providing relief to the victim, so that the 24,585,240 won, such as the exchange of a spread, can be seen as a repair expense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs of the accident site;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act with regard to the provision of community service and order to attend lectures shall be determined as per the order.

- Unfavorable circumstances: internal traffic accidents and break away from the site.

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