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(영문) 대전지방법원 2019.06.13 2019고단997

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a BMW car.

On February 6, 2019, the Defendant driven the above car at around 07:40, and proceeded with two lanes near Daejeon Seo-gu, Seo-gu, Daejeon Special Metropolitan City, along the four-lanes near the 29 carzine, from the view of the view of the view view.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to properly observe the signal and to prevent accidents by passing through the intersection.

Nevertheless, the Defendant’s negligence by passing through the intersection even though the signal of the front is red, and followed by the Madle-distance Signals, the part of the victim C(38 years old)’s driving DaM3 car driving, which was driven from the front of the said BM car, was shocked by the front part of the said BM car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and at the same time, even though the said SM3 car was damaged to an extent equivalent to KRW 3,727,174 of repair cost, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and accident site photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of sentence of imprisonment with prison labor (the degree of the traffic accident in this case and other consideration when not agreed with the victim);

1. Article 52(1) of the Criminal Act for mitigation of self-denunciation.