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(영문) 대구지방법원 2018.11.30 2018고단4552

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment with prison labor 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 DNA non-motor vehicle.

On September 3, 2018, the Defendant driven the above vehicle on around 00:48, and led the front road of the Simsan-si to the 6th apartment room of the non-permanent apartment.

At this point, there is a center line of yellow solid lines, and since the passage of vehicles is frequent, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles without breaking the center line.

Nevertheless, the Defendant neglected to do so and received the part of the victim F (47 Does) driver’s seat in front of the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven by the Defendant’s negligence, flaging the center line of yellow-ray and carried out in the manner facing one’s negligence.

As a result, the Defendant, by such occupational negligence, committed an injury to the victim F in need of approximately three weeks of treatment to the victim F, and sustained injury to the victim H (37 Doe) who is the passenger of the said rocketing vehicle, such as shot dume, etc., requiring approximately three weeks of treatment, and, at the same time, escaped without immediately stopping the said rocketing vehicle to ensure that there is damage equivalent to KRW 1,946,041, and without taking necessary measures, such as checking the situation of damage, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the occupation of measures not taken after an accident) of the relevant Act;

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 is the crime of this case.