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(영문) 대전지방법원 2019.02.20 2018고단3985

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a KS5 car.

At around 02:40 on September 16, 2018, the Defendant moved bypass the 3-lanes in the direction of solar apartment distance from the direction of the Burdine distance to the 3-lane in the direction of the Taepestan intersection distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side and the steering system.

Nevertheless, the Defendant neglected this and neglected to make a right-hand by negligence before the right-hand, and received the back portion of the victim C (Nam, 42 years old) who temporarily stopped at the crosswalk, as the front portion of the above car of the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc., of the bones of wood, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said taxi so that the repair cost equivalent to KRW 927,716, such as the exchange of the above taxi so that the said taxi can be damaged, and 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. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, photographer of the damaged vehicle image boomer, diagnostic document, medical certificate, and repair cost estimate;

1. Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of such measures as are not taken after the destruction of property) of the relevant criminal facts;

1. Abnormal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The primary reason for sentencing in Article 62-2 of the Criminal Act is the first offense for sentencing, the degree of damage is relatively minor, the purchase of comprehensive insurance and property damage is compensated for, and the depression and depression.