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(영문) 대전지방법원 서산지원 2021.02.17 2020고단941

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 passenger car even in B.

On June 7, 2020, the Defendant driven a car at the upper Condo around 01:10 on June 7, 2020, while driving a car at the upper Condo, 4.4,00 square meters in length and 7.12 square meters in length, driving from the right edge to the right edge of the intersection.

At the same time, the victim C (n, 33 years old) was behind the passenger car driven by the victim C(DMW 118dD) in the same direction. In such a case, the driver of the motor vehicle had a duty of care to live well in the situation of the motor vehicle in front and to secure safe distance.

Nevertheless, the Defendant neglected to do so and proceeded with the foregoing BMW 118D car, which was going forward by negligence, received the back spread of the said BMW 118D car as the front part of the car.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions that require treatment for about two weeks by occupational negligence as above, and at the same time, 10,098,221 won in total, such as the replacement of ridges, was destroyed by the said BMW 118d car to the extent that it did not take necessary measures, such as providing relief to the injured party by stopping immediately.

Summary of Evidence

1. The defendant's legal statement C or E in the police statement;

1. CDs, such as black booms of damaged vehicles in a traffic accident investigation report;

1. A response to a report on the results of the examination of photographs by cutting off shot photographs, black boxes, and CCTVs at the scene of the accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: the defendant is involved in traffic accidents.