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(영문) 전주지방법원 2018.04.03 2017고단2474
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 Grandland car.

On November 9, 2017, the Defendant driven the above car at around 23:10, and led to the flow of the Do government road, which is in force automatic in the Yansan-gu, Jeonju-si, Jeonju-si, to the customs office of Jeonju-ju.

At night, vehicles were stopped and waiting on the string line in accordance with the red light signals, so there was a duty of care to safely drive the vehicle without breaking the center line, and to safely drive the vehicle.

Nevertheless, the Defendant neglected this and stopped due to the negligence of bypassing the central line, and the left-hand part of the E-7 car driven by the victim D (22 tax) was shocked into the part of the passenger car in Grandland.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, which requires approximately four weeks of medical treatment, and, at the same time, did not immediately stop the said K7 car so that the repair cost of KRW 2,639,987 was damaged, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [the scope of recommended punishment] escape after traffic accidents.

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