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(영문) 수원지방법원 평택지원 2018.07.19 2018고단232
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 low-priced car.

On February 13, 2018, the Defendant driven the above car on February 21, 2018, and continued to drive the said car, leading up to the front of D, located in Gyeonggi-si C, from the right edge to the ero, from the right edge of the ero.g.

At the time, the signal was installed at night, so there was a duty of care to reduce the speed to the person engaged in driving of the motor vehicle and to thoroughly take the duty of care of the driver, and to prevent the accident in advance by observing the signal.

Nevertheless, the Defendant neglected this and neglected to stop the electric direction signal while proceeding immediately as it was by negligence in violation of the signal, and received the left part of the front part of the vehicle of the Defendant’s vehicle in front of the right part of the driving of the victim E (27 taxes, representative engineers) (the left part of the front part of the vehicle of the Defendant’s vehicle, which turned to the left at the right-hand distance from the right-hand side of the e (27).

As a result, the Defendant suffered from an injury to the above victim due to the foregoing occupational negligence during approximately two weeks of treatment, and at the same time, the Defendant, as the owner of the victim G (at 49 years of age), did not immediately stop the car to the extent of KRW 4,873,416, and did not take necessary measures, such as providing relief to the victim E, while the repair cost, such as the exchange of the vehicle with the victim G (at 49 years of age), did not leave the Defendant’s high typ car without leaving it as it is at the scene of the accident.

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. Each report on investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 the crime;

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.

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