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(영문) 수원지방법원 성남지원 2019.07.09 2018고단2171
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who is engaged in driving of B Doksch Rexroth.

On November 26, 2017, at around 03:45, the Defendant proceeded along the two-lane road in front of the members of the D Council located in Seongbuk-gu, Sungnam-si, Sungnam-si, with one-lane from the midboard distance protection area of the company.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s negligence, which led to the Defendant’s failure to stop in the front line, to the front part of the said cargo vehicle, which led to the Defendant’s failure to stop in the front line (54 years old) driving.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim E and the victim G (V, 24 years old), each of which requires a two-day medical treatment, and attempted to stop immediately and abscond without taking measures such as providing rescue to the victim.

Summary of Evidence

1. Legal statement of witness E and G;

1. Application of the de facto survey report (five pages of investigation records), each medical certificate, photographs of damaged vehicles, boxbox images, caps and photographs of scambox images, escape photographs (investigative records, 80 pages);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant asserts to the effect that he was not guilty of Article 62-2 of the Social Service Order Criminal Act, at the time and place of the ruling, that he did not drive a bareboat cargo vehicle B.

We examine this.

On November 26, 2017, at around 03:45, D's front letter of D' in Seongbuk-gu, Sungnam-si, Sungnam-si, is stopped at the same lane.

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