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(영문) 청주지방법원 제천지원 2020.07.23 2020고단101
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 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 motor vehicles B and B.

On February 28, 2020, the Defendant driven the above vehicle at a speed of 20:0,00, and driven the road of 1-lane C in the front of the Incheon City City, at the surface of the airside, from the seat of the airside in order to drive at an insular speed.

At the time, there was a place where a U.S., where the center line of the yellow-ray was installed at night, and there is a place where a U.S.-ray is prohibited. In such a case, there was a duty of care to prevent accidents by driving a motor vehicle safely by safely driving the motor vehicle without attempting a U.S., but driving the motor vehicle.

Nevertheless, the defendant neglected this and stopped the above vehicle on the right side of the road to attempt a U-turn without taking care of the power failure, the rear, the left side of the above vehicle, but by negligence moving back to the left side of the A-hand side of the vehicle, and received a part above the left side of the victim E(67 years old) which was proceeding on the rear side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above, and at the same time, did not take necessary measures, such as destroying the victim’s foregoing vehicle to the extent of approximately KRW 4,090,669, and escape without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The outline of an accident in preparation of the victim;

1. A medical certificate;

1. Written estimate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Punishment;

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