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(영문) 수원지방법원 2019.05.21 2019고단435
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 B-to-car.

On December 14, 2018, the Defendant driven the above car at the speed of 07:55, and driven the two-lanes of the two-lanes of the two-lanes of the Western Do in front of the Western 363, the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes from the

At this point, since the restricted speed was 60km per hour, a person engaged in driving of a motor vehicle has a duty of care to observe the restricted speed and to safely drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected this and moved to the front part of the Defendant’s car at the time when the Defendant’s car was cut off on the snow path due to the negligence in contravention of the above speed limit as seen above, and the Defendant’s vehicle was driven by the victim C (hereinafter, 46 years old) who was driving the said road at the front of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, escaped without immediately stopping the above EXE car to cause damage to KRW 988,558, including the exchange of panions, and without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Criminal Act for orders to provide community service and attend lectures;

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