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(영문) 대전지방법원 천안지원 2018.06.07 2018고단753

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 BMW 520d car.

On March 13, 2018, at around 23:15, the Defendant: (a) driven the said car on the front of the “D” road located in Northern-gu Seoul, Seoan-gu, Seoan-gu; (b) neglected to stop in the front and right right and right and right and right and right and right of the vehicle; (c) by negligence, the Defendant was driven by the Defendant’s vehicle following the Defendant’s driver’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, suffered the victim E and the victim G (the 31st, older) (the 31st, older) who is a passenger of the said rocketing car from around two weeks of treatment, respectively, and at the same time, did not take necessary measures, such as immediately stopping the said rocketing car to repair KRW 879,698 while destroying the said rocketing car to ensure that the damaged person is able to rescue.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A survey report on actual conditions;

1. Photographss of the scene of the accident, black stuffs, and photographs thereof;

1. Each written diagnosis and written estimate;

1. Investigation report (to have a witness H telephone conversations);

1. Application of investigation reports (verification of details of victim E and G counter treatment) Acts and subordinate statutes;

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 Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommended punishment] In the event of minor injury (the person who has been specially mitigated for six months to one year) in the mitigation area (the person who has been specially mitigated for one year) (the person who has been mitigated for one year)] [the decision of sentence] [the decision of sentence]] Defendant caused personal and material damage to victims by traffic accidents and without any rescue measures.