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(영문) 청주지방법원 2020.10.15 2020고단932
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 who is engaged in the operation of the New EF Laol car.

On April 4, 2020, the Defendant driven the above vehicle on April 23:40, 2020, while driving the Cheongju-dong 131 Cheongnam-dong, Cheongnam-dong, Cheongju-do, Cheongju-do, 131, Cheongnam-dong, in parallel with one lane from the breadth to the breadth of the three-lane road.

At night, there was a blind distance in which signal lights were installed, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by properly operating the steering signal and brakes while driving the motor vehicle.

Nevertheless, by neglecting this, the Defendant did not discover the victim C(E, 55 years old) driving, which was standing in the front signal route, and did not discover the victim CK5 vehicle in front of the Defendant vehicle, and shocked the back part of the victim vehicle with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence as above, and escaped without taking necessary measures, such as immediately stopping the damaged vehicle while destroying 817,496 won of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture runs away without taking necessary measures, such as aiding the victim, even though the reason for sentencing under Article 62-2 of the Criminal Act is causing traffic accidents.

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