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(영문) 청주지방법원 2019.11.28 2019고단799
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

It is recognized as different from the facts charged to the extent that it is deemed that there is no hindrance to the defendant's defense.

The defendant is a person engaged in the operation of the B-to-pur vehicle.

On February 21, 2019, the Defendant continued to proceed from the side of the C apartment to the side of the D Middle School located in the Heak-gu Soak-gu, Chungcheongnam-gu, Chungcheongnam-si.

Since the location was an intersection with signal lights, in such a case, a person engaged in driving service has a duty of care to safely drive and prevent accidents, as well as to see whether there is another vehicle driving the intersection in compliance with the signal.

Nevertheless, the Defendant neglected this and immediately stopped the damaged vehicle to take necessary measures, such as aiding and abetting the victim, which was driven by the victim E (hereinafter referred to as 48 years of age) at the front part of the Fentantoon car driven by the victim E (hereinafter referred to as the "E"), in accordance with the normal signal within the intersection of the D Middle School where the Defendant was in violation of the signal, and thereby making it difficult for the Defendant to take care of the damaged vehicle, thereby causing about four weeks of treatment to the victim by shocking the front part of the Fenttoon car. At the same time, the Defendant did not take necessary measures, such as immediately stopping the damaged vehicle to the extent that the amount equivalent to KRW 1,707,00 of the repair cost is damaged

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. The actual survey report (including photographs of the scene of the accident and photographs of the damaged vehicle);

1. A medical certificate;

1. Written estimate;

1. Application of each film material, CCTV image, CD (Evidence No. 18) statute;

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. They shall take measures, such as causing traffic accidents in violation of the reason signal for sentencing selective imprisonment with prison labor, and aiding the victims;

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