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(영문) 의정부지방법원 2018.08.28 2018고단2474
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 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 car in the B SP area.

On June 8, 2018, the Defendant driven the said car around 22:30, and proceeded at a speed of 80km per hour at the speed of 80km from the port of night, along two lanes towards the 52-lane wills in the Geum River-ro, Jin-si, Jin-si, Jin-si, Seoul.

Before the same direction, the victim C(54) was followed by the D low-speed car driven by the victim C(54). In such a case, the driver had a duty of care to ensure safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant was negligent in neglecting this and driving the vehicle at the speed of the vehicle due to the negligence, and received the front of the vehicle in front of the vehicle in which the Defendant is driving the back of the vehicle in the above string.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E (the 54 years old) who was on board the said high-speed car with the victim C, respectively, for about two weeks of medical treatment, and at the same time, destroyed the above high-speed car owned by the victim C for the repair cost of the 2,483,888 won to the 2,48 won of the repair cost for the exchange of the victim, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on a traffic accident, a survey report on a traffic accident, a photo at the scene of an accident, and a caps of damaged vehicle booms;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 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. Suspension of execution;

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