(영문) 수원지방법원 2018.05.15 2018고단1184

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(영문) 수원지방법원 2018.05.15 2018고단1184

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six 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

Criminal facts

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

On February 9, 2018, the Defendant driven the above car at around 00:25, and led the two-lane road in front of the D in Osan City, Osan City, to proceed as about 20 km each hour from the same room to the luminous industrial outflow of the Gu.

At night and on the left side of the defendant's moving direction, the victim E(23) driver's car is in the same direction. In such a case, the driver has a duty of care to check the existence of the vehicle on the opposite side and to prevent the accident in advance by safely internshiping in accordance with the new code at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and tried to move immediately from the two-lanes in which U-turns are not allowed, and received the front door of the car driving by the Defendant, which is the front door of the car driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light dump dump, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle to ensure that the aforementioned dump dump dump dump dump dump sump 318,298 won is damaged, and without taking measures such as providing relief to the damaged

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

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. 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. Article 62 of the Criminal Act:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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