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(영문) 춘천지방법원 원주지원 2020.01.22 2019고단1067
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 Bsch Rexroth car.

On August 26, 2019, the Defendant driven the above car at around 00:05, and turned the front road at the time of the original week to the front road at the right gate of the Park Gyeong-gu Park at the right gate.

Since there are a lot of commercial traffic for vehicles and pedestrians, the defendant engaged in driving duty has a duty of care to properly operate the rear side and the left side of the vehicle and to safely move back by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and caused the victim's elbow and left knee part of the victim D (the age of 28) who was behind the Defendant's car due to negligence that the Defendant failed to live well.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of medical treatment for about two weeks due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of the photograph, diagnosis, confirmation of release from confinement, medical record, investigation report, and criminal records-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act provides that the defendant has the same previous department only once, and the crime of this case is disadvantageous to the defendant in light of the method and result of the crime. However, there are no criminal records of the suspension of execution or more, and the defendant did not have the criminal records of the suspension of execution or more, since the vehicle driven by the defendant at the time of the traffic accident in this case was covered by the comprehensive motor vehicle insurance, it seems that considerable damage to the victim has been caused. The defendant made an agreement with the victim.

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