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(영문) 춘천지방법원 원주지원 2018.06.08 2018고단182
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months on September 24, 2009 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeju District Court's original branch on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes. On January 5, 2011, the same court received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (drinking driving), and on April 5, 2013, issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (drinking driving) in the support of the Daejeon District Court Seosan on April 5, 2013.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On December 11, 2017, the Defendant driven the above car at around 20:35 on December 201, 2017, and led to the intersection of the shooting distance in front of the agricultural cooperative in front of the 1st century at the time of the original city, from the gate to the dump of the original air.

At the time, it was at night and at the same time an intersection where a signal was installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front door well and observing the signal.

Nevertheless, despite the fact that the Defendant neglected to stop the vehicle driving signal while in violation of the signal, the Defendant was driven by the victim C(59) who was driven by the U.S. heading in accordance with the new code in the opposite direction of the Defendant’s Madren, which was driven by the Defendant’s driver in front of the right-hand side of the motor vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, even though the repair cost equivalent to KRW 6,77,208, such as the exchange of Lice pans, etc. after the said rocketing car owned by the victim was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, on-site photographs, and medical certificate;

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