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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1482
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 motor vehicle in D.

On August 14, 2017, the Defendant driven the above vehicle at around 15:40 on August 14, 2017, and led the two-lanes in front of the “F” located in Gangnam-si E, along the direction of the airport intersection, along the one-lanes in the direction of the school.

Since there is a place where vehicle traffic is frequent, there was a duty of care for a person engaged in driving a motor vehicle to drive the motor vehicle safely by checking the right and the right of the front and the right.

Nevertheless, as a result of the Defendant’s negligence of neglecting his duty at the front time, the part of the Defendant’s driving in front of the car in front of the vehicle in front of the vehicle in front of the front time, which was driven by the victim G(W, 31 years old) and the back part of the vehicle in front of the front time.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim G, such as salt, tensions, etc., on the part of the victim I (the victim I (the victim I, 53 years old), who is the passenger of the victimized vehicle, on the part of the victim I (the victim I, who is 53 years old), the injury of the sugar, etc. without any wound in the two-day open medical treatment, and the victim J (the 29 years old), on the part of the same victim J (the J, the 29 years old), on the part of the number of days of treatment and on the part of the above arms, and escaped without taking necessary measures such as providing relief to the victims, even if the above vehicle is damaged to cover approximately 835,635 won of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K and G;

1. Written Statement;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on the adjustment of vehicle property;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures 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 of the Criminal Act for mitigation of amount;

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