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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1494
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 who is engaged in driving of the B World Motor Vehicle.

On November 27, 2017, the Defendant operated the said car at around 17:30 on November 27, 2017, and led to the intersection in front of the D cafeteria located in Gangseo-si C from the direction of the intersection from the jurisdiction of the Gangwon High School.

At the same time, there was a duty of care to safely drive a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, the Defendant violated the signal and got the front part of the victim E (26) driving on the right side from the Defendant’s right side due to the direct fault by entering the intersection of the red signal as is, and driving on the Defendant’s right side.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., on the dog that requires approximately 2 weeks of medical treatment, and escaped without any necessary measures, such as immediately stopping the said siren car and providing relief to the damaged party G (hereinafter referred to as 23 years of age) who was on the said siren car for about 4 weeks of medical treatment. At the same time, the Defendant inflicted on the victim H (hereinafter referred to as 23 years of age) who was on the said siren car with the said siren car for about 546,694 won, with the repair cost of the said siren car for the said 546,694 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G and H;

1. A traffic accident report;

1. A photograph of the damaged vehicle;

1. Each written diagnosis;

1. Written estimate of the damaged vehicle;

1. Application of Acts and subordinate statutes on investigation reports (the application of the Act and subordinate statutes on the closure of damaged vehicle booms images and video CDs);

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. The Commercial Concurrent Crimes Act.

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