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(영문) 수원지방법원 성남지원 2017.07.20 2017고단1003
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for 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 a passenger car at BNS G80.

On March 23, 2017, the Defendant driven the above car at around 00:26, while driving the car at around 00:0,000, one lane out of the three-lane as the letter located in the Mapo-si in Gwangju-si.

At the time, there are nights, and there are many vehicles, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving duty and to safely drive the vehicle by checking the front, rear and left well.

Nevertheless, the Defendant neglected to do so and proceeded along the two-lanes on the right side of the Defendant, followed the left side of the D Poter Cargo Transport, which was driven by the victim C (57 tax) who was driven by the two-lane from the right side of the Defendant, and shocked into the part front of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as the salt, tension, etc. of a shoulder that requires approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time, destroyed the damaged vehicle to fall under KRW 709,421 as repair cost, and escaped without immediately stopping the damaged vehicle to take necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of diagnosis certificates, estimates 1, photographs of damaged vehicles, and Acts and subordinate statutes governing the destruction of damaged vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (which reflects the fact that there is no criminal record exceeding the previous fine, and traffic accidents are insignificant, and both the victim and the victim.

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