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(영문) 청주지방법원 2017.12.14 2017고단1283
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 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 the B-learning passenger car.

On May 20, 2017, the Defendant driven the above car on May 20, 2017, and driven it on May 20, 2017, 121 U.S. Park 121, Jung-gu, Goju-gu, Goju to the side of the bus terminal located on the Cheongju-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to protect accidents in advance by driving the steering gear and brakes in a safe manner in accordance with the new subparagraph.

Nevertheless, due to the negligence of violating the signal while the vehicle's driving signal was suspended, the part of the victim's driving (48 tax) driving, which carried the above distance from the left side of the defendant's driving direction to the right side of the road, was received as the back side of the driver's driving of the victim C(48 tax) driving with the new distance.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim E (55) who is the passenger passenger of the franchise, such as a tension, which requires approximately two weeks of medical treatment, and committed suicide without taking necessary measures, such as destroying the franchise car to the extent that the 2,882,339 won of the repair cost is damaged and the franchise stop, and thereby saving the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A survey report on actual condition and an accident scene photograph;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

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 view of failing to take measures after an accident) of the same Act;

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

1. Selection of penalty;

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