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(영문) 의정부지방법원 2020.02.04 2019고단3783
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a B-to-car.

Around 16:00 on June 7, 2019, the Defendant driven the said car and proceeded at a speed of about 80 km depending on two lanes from the front side of the metropolitan metropolitan metropolitan metropolitan cycle Highway to the front side of the front city road, in order to drive the said car at a speed of about 16:0 meters.

At that time, there is a prohibition of the change of the car line with the white-ray, and even if the car line is changed, a person engaged in driving the car has a duty of care to safely operate the brake and steering gear and prevent the accident in advance by operating it safely.

Nevertheless, the defendant neglected this and changed the vehicle line from the second line to the first line, and brought the victim C(59 years of age) driving in the first line into the top-hand panion in front of the left-hand panion of the vehicle of the defendant.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the string that requires medical treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle to the repair cost of KRW 692,34, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. The actual condition of traffic accidents;

1. A medical certificate (C);

1. Written estimate;

1. c. influorial c. influorial vehicles;

1. Application of the Acts and subordinate statutes to photograph the damaged vehicle boom image, photographic part of contact with the damaged vehicle, and photographic part of contact with the towed vehicle;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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