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(영문) 수원지방법원 안산지원 2019.01.24 2018고단3923
특정범죄가중처벌등에관한법률위반(도주치상)등
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

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

Around 20:20 on August 26, 2018, the Defendant driven the above car and driven the 8-day-day-day-on-aft along the parallel parallel to the parallel parallel of the members of Ansan-si, in accordance with two-lanes from the parallel of the license examination place to the parallel of the parallel of the members of Ansan-si, and the vehicle driving the two-lane prior to the Defendant’s car changed its speed to the one-lane by avoiding it late.

In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to take into account the traffic conditions of other motor vehicles, etc. in the lane that he/she intends to change as well as the direction prior to the direction of the vehicle, and to not change the course if it is likely to impede the normal traffic of other motor vehicles in the direction of changing the course.

Nevertheless, the Defendant neglected this and neglected to change the course to a single lane, and received the part above the right side of the victim C(W, 57 years old) driving, which was proceeding at a one-lane, into the left side of the passenger car of the Defendant.

The Defendant, due to the above occupational negligence, caused injury to the victim, such as the opening of the opening of the door to the right line, which requires treatment for about six weeks, at the same time, destroyed the victim’s car to be in an amount equivalent to KRW 1,55,937, and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate statutes;

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 (the point of taking measures not to be taken after causing a bodily injury by occupational negligence);

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

1. Selection of penalty;

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