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(영문) 청주지방법원 2021.03.09 2020고단2388
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 1, 2019, around 15:30, the Defendant continued one way in front of the revolving the revolving rupture in the West-gu, Chungcheongnam-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in a puri-ri-si, Seo-gu, Seo-gu.

Since there is a central line which is a yellow solid line, a person engaged in driving a motor vehicle has a duty of care to properly observe the motor vehicle line, and to accurately manipulate the steering system and brakes to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to pass a vehicle going on the front side, and received the back part of the left-hand panions on the upper-hand part of the vehicle of the above Defendant, which is owned by the victim C ( South, the age 62) who was going on the front side of the vehicle of the above Defendant, and driven by the victim C(the age 62).

Accordingly, even though the Defendant suffered from injury to the victim, such as scopical salt and tensions that need to be treated for about two weeks due to such occupational negligence, and at the same time, damaged the above cargo to have a large amount of 300,000 won, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of Part I, a survey report, a medical certificate, and a resolution for the payment of substitute goods;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an 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. The victim suffers from the instant traffic accident for the reason of sentencing under Article 62(1) of the Criminal Act.

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