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(영문) 의정부지방법원 고양지원 2019.06.05 2019고단655
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 engaging in driving a NP car.

On February 26, 2019, the Defendant driven the said car at around 20:50, while driving the said car, led to the two-lane of the road adjacent to the Gangseo-gu Seoul Metropolitan City, Seoyang-gu, Seoyang-gu, to proceed along the three-lane of the road adjacent to the Gangseo-gu.

In such a case, the driver had a duty of care to check and drive the career safety by viewing the front, rear, left and right side of the course and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to take part in the mobile phone, and neglected to operate the brake system accurately, and caused the victim O(50 years of age) who moved into two lanes, thereby driving the P New R&A motor vehicle into two lanes, and received the part on the left-hand part of the P&A motor vehicle in front of the right-hand part of the said high-speed motor vehicle.

As a result, the Defendant suffered from an injury, such as scopical salt, etc., to the victim for about three weeks of medical treatment due to occupational negligence, and at the same time, did not immediately stop the said damaged vehicle so that it would damage the repair cost of KRW 3,640,327 and run away without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of the scene of accident, photographs of damaged vehicles, and photographs of harming vehicles;

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. 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. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order is traffic accident.

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