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(영문) 대전지방법원 2018.05.30 2018고단558

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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

On December 18, 2017, the Defendant is a person who is engaged in driving a Dco-do sports vehicle. On December 21, 2017, the Defendant came to turn to the left while driving the Dco-do sports vehicle in the direction of multiple sides from the old village of the Gu.

Since there is a place where the left turn should not be made to the road where the center line of the yellow-ray turn is installed, the driver's person engaged in the driving service is obliged to keep the vehicle line well and drive the vehicle and prevent the accident from smoke. However, the driver's negligence over the center line and the left turn turn to the left, and the part on the left side of the driver's G driving of the victim G driving, which was going on multiple sides from the opposite side on the opposite side, was shocked to the front right side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about three weeks of medical treatment, and at the same time, destroyed the damaged vehicle so that the amount equivalent to KRW 3,900,000 can be repaired, and escaped without immediately stopping it, without taking necessary measures such as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of the Acts and subordinate statutes to a medical certificate and an investigation report (calculated amount of damage inflicted on a victim);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of Road Traffic Act (unnecessary measures), and a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):