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(영문) 대전지방법원 2018.04.05 2017고단4806

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a car in CMW 520D.

On October 7, 2017, the Defendant driven the above car at around 04:40 on October 7, 2017, and proceeded to the apartment of the ancient village in front of the E cafeteria, which is located in Gyeongsan City, from the third apartment.

At the same time, there was a 4-distance intersection where signal lights are not installed, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed to the driver, checking whether there is a vehicle driving along the intersection by living well on the front side and the left side, and proceeding safely.

Nevertheless, the Defendant neglected to do so and received the part of the front part of the passenger car of the Defendant, which was driven by the Victim F (22 older) who was going to cross-section from the left side of the passenger car running in the direction of the Defendant’s car driving to the right side, following the right side of the passenger car of the Defendant F (22 older).

As a result, the Defendant suffered injury to the victim, such as clocks, which requires a two-day medical treatment, due to the foregoing occupational negligence, and at the same time, destroyed the above clova 300C car to be repaired in KRW 2,655,928, and escaped without taking necessary measures, such as stopping and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (to listen to and record the victim's telephone statement related to unmeasures after an accident / a written estimate of vehicles to be submitted by the victim);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs, such as accident scenes;

1. Article 5-3 (1) 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;

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. The Criminal Act, the suspension of execution;