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(영문) 수원지방법원 2018.05.01 2017고단8042
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 the duty of driving a C car free car.

On November 26, 2017, the Defendant is driving the above car at around 01:31, and is collected at a height of 9, a 146 o-ro, an equal number of right lines at Suwon-si.

Private roads have been driven on the side of the corners, and they have been driven on the side of the street of the convergence.

Since there is an intersection where a signal, etc. is installed, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded as it is, by negligence, disregarded that the red signal on the front side is turned on, and instead neglected it, received the front part of the FST5 car owned by the victim E(37 tax) who is an acting driver who is an acting driver in accordance with the left turn turn on the right side from the right side of the Pacific apartment.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc., in light of the trend that requires approximately two weeks of medical treatment, and suffered injury to the victim E, such as light salt, tensions, etc., which require approximately two weeks of medical treatment, as well as 8,432,069 won of repair expenses, and escaped without taking measures such as stopping the said FM5 vehicle and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Reports of each traffic accident, damage to or photographs of the vehicle under consideration;

1. Video CD data;

1. Each written diagnosis;

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, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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

1. Selection of penalty;

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