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(영문) 수원지방법원 성남지원 2018.06.21 2018고단613
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On February 6, 2018, the Defendant driven the said car at around 20:35, and stopped the two-lane road in the direction of light elementary school in the direction of the foregoing example in front of the ice apartment apartment, which can be seen as an example in the 572 Chang-dong, Chang-dong, Chang-dong, Sinnam-gu, Seoul.

When a motor vehicle is fixed, a person engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the transmission devices and brakes.

Nevertheless, the Defendant neglected this and did not go through the Brack peds by the negligence of not operating the Brack peds as a transition device, and found that the said car is pushed ahead at the front side of the car of the Defendant at the time when the Defendant stopped, and shocked the front part of the car of the victim D(W, 37 years old) who stopped, into the rear part of the above K7 vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim, such as chromosomes and tensions that need to be treated for about two weeks, and at the same time, even though the said visible car was damaged to meet the repair cost of KRW 1,386,595, such as the exchange of a crime, the Defendant stopped immediately and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written diagnosis and written estimate;

1. A traffic accident report;

1. Application of the CD-related Acts and subordinate statutes, such as photographs, photographs of damaged vehicles, photofluor photographs of damaged vehicles, photographs of vehicles, method CCTV photographs, and black stuffs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).

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