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(영문) 춘천지방법원 강릉지원 2018.11.13 2018고단899
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a motor vehicle B with detached motor vehicles.

On August 27, 2018, the Defendant operated the said car at around 00:15, and proceeded with D's front road located in Gangnam-si C, from the side of the Gangseo-si Central church to the lux Constitutional Park that is the lux of the lux.

Since there was a car going on the front side, there was a duty of care to prevent accidents in advance by accurately operating the steering boat and the steering system for the driver of the vehicle.

Nevertheless, the Defendant neglected the duty of the front week and failed to maintain the safety distance, thereby reducing the speed of the FK5 passenger cars driven by the victim E (W, 47 years old), and received the back part of the above K5 passenger cars as the front part of the car driven by the Defendant.

After all, the Defendant was on the part of the above occupational negligence with the victim E and K5 car.

D. At the same time, G (50) and H (18 years old) suffered from each injury, such as salt, tension, etc., of a string that requires approximately two weeks of medical treatment, and the repair cost was 941,490 won and escaped without taking necessary measures even after destroying the said K5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

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 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 Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows, the age, sex, environment, and the crime of this case.

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