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(영문) 청주지방법원 2017.09.01 2017고합147
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment 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 who is engaged in the duty of driving the Cknife vehicle.

On January 16, 2017, the Defendant driven the above vans around 23:37, and proceeded to turn to the left the intersection of the 500-3 and the front of the new Heung High School, as the Cheongju-si Cheongju-si Cheong-si Cheong-si Cheongri-si Cheong-si Cheongsung-si Cheongsung-si.

Since there is an intersection where a signal is installed, there was a duty of care to make a left-hand turn to a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and charged the victim D (the age 38) with injury to the left part of the E-learning Vehicle of the victim D (the upper part of the E-learning Vehicle of the Defendant’s 38 years old) with the front part of the right side of the Defendant’s vehicle, thereby causing two-day medical treatment for the victim, and at the same time, the prosecutor of the above 8,224,514 won as repair cost, “6,224,514 won” was “8,24,514 won” according to the records (the page 30 pages of the investigation record). Since this part is obviously deemed to be a clerical error, the Defendant corrected it ex officio.

Even though it is damaged to a considerable extent, it immediately stops and does not take necessary measures and escaped.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a survey report, a black gambling, a video CD, a black image, and a vehicle photograph, a diagnostic document, and a quotation related to the incident;

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 Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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