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(영문) 수원지방법원 여주지원 2020.02.10 2019고단1210
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 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 NAS car.

On October 30, 2019, the Defendant driven the above car on October 21:25, 2019, and proceeded at a speed of about 30 km from the one-way bank to the one-way bank in the two-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly operate and safely drive the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to give a proper view to the front section of the Defendant’s car, followed the victim D(24 years old)’s vehicle driving, which was stopped in the front section, and received the front section of the Defendant’s car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as light salt, etc. requiring treatment for about two weeks, and at the same time, escaped without immediately stopping the said high-speed car to take necessary measures, such as aiding the injured party, even though it damages the said high-speed car to take about KRW 968,570.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. A certificate of origin;

1. Statement of automobile inspection and maintenance (E);

1. On-site photographs after the accident;

1. On-site inspection photographs;

1. Application of Acts and subordinate statutes to photographs of low-priced vehicles and motion pictures;

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, and 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. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order

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