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(영문) 춘천지방법원 2020.11.12 2020고단830
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 driving a cruise car.

On April 3, 2020, the Defendant driven the said car on April 18:15, 2020, and led the two-lane road in front of the 118-2 "Yacheon-gu Seoul Special Metropolitan City, Gangwon-do" to proceed with the two-lane road in front of the "Yacheon-do" Special Metropolitan City, Gangwon-do.

At this point, it is front of the intersection where signal apparatus is installed, and since a white line is installed at the middle of the road, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as failing to deviate from the lane while driving, by accurately operating the electric and steering gear, etc.

Nevertheless, the Defendant neglected to do so and proceed as it is, while driving at the intersection, received the backer of the left side of the victim C(39 years old) drive of the rocketing car in the direction of the signal at the intersection, from the front side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as “finites and tensions,” which requires treatment for about two weeks due to occupational negligence as above, and at the same time, escaped without taking measures, such as providing contact information to the victim or providing rescue to the victim, even if the repair cost is destroyed to a considerable amount of KRW 1,383,633.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents involving C by the police statement, on-site photographs, and on-site survey report;

1. Application of the Act and subordinate statutes to a report on the investigation of CDs (a written estimate for a damaged vehicle) by a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen from punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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