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(영문) 수원지방법원 성남지원 2017.07.20 2016고단3999
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 CRano 5 tons of cargo vehicles.

On September 2, 2016, the Defendant, while driving the above cargo vehicle around 17:40 on September 2, 2016, driving the off-line expressway, other than Seoul, in the sub-section in the sub-section in the sub-section in the sub-section in the sub-section, was driving on the off-section in the two-lane in the cross-section in the middle-section in the middle-section in the middle-section in the two-lane in the middle-section in the middle-section.

Since the place has a side length, no person engaged in driving of a motor vehicle shall pass along the side, and in order to pass ahead of the motor vehicle driving in the same direction, there is a duty of care to pass ahead by using the road on the left side.

Nevertheless, the Defendant neglected to do so and went ahead from the right side of the above van that the victim D drive, using the side, and changing the vehicle from the side to the three-lane, caused the Defendant’s fault on the side of the left side of the freight vehicle of the Defendant D, with the part of the front side of the cargo vehicle of the victim D, from the rear side of the right side of the passenger vehicle.

Ultimately, the Defendant, by such occupational negligence, got injured by the victim D, such as dynasium, which requires approximately two weeks of treatment to the victim F in the above fynasium, and got injured by the victim F in the above fynasium of approximately two weeks of treatment to the left fynasium, and at the same time, failed to take measures such as providing relief to the victim D’s E, such as immediately stopping, even if the victim D’s fynasium fynasium is damaged to the degree of KRW 1,923,634, such as the exchange of the front fynasium.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A traffic accident report (1), a traffic accident report (2), an investigation report (Submission of a written estimate for repair costs);

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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