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(영문) 의정부지방법원 고양지원 2018.08.30 2018고단1635
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

On February 19, 2018, the Defendant proceeded from the long distance of the port to the D Center of Mangsan-dong-gu, Busan-gu, at the ancient city around 18:45 on February 19, 2018.

In such a case, the driver has a duty of care to accurately operate the steering system, brakes, and other devices of the driver's vehicle, and to prevent accidents in advance by safely driving the driver's vehicle with a duty of care.

Nevertheless, due to the negligence of neglecting this, the Defendant’s failure to do so, led the victim E (48 S) who is waiting for the signal at the front bank to the front part of the Defendant’s vehicle, and the front part of the Defendant’s vehicle, and led the victim’s G G G, who was waiting for the signal at the front bank, led to the shock of the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence, and at the same time, the Defendant, while the said business-related passenger vehicle was damaged to the extent of KRW 2,501,40, the above business-related passenger vehicle was destroyed to the extent of KRW 311,790, the above business-related passenger vehicle did not immediately stop to the extent of KRW 311,790, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each G statement;

1. The actual investigation report on traffic accidents;

1. Written estimate;

1. A report on investigation (Attachment of a medical certificate);

1. Application of the Acts and subordinate statutes on CDs appended to black stay images;

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 (the point of escape after the injury or injury caused by duty), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures taken after the injury or injury caused by duty); and

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

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act for mitigation of quantity;

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