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(영문) 대전지방법원 2018.10.26 2018고단2633

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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 engaging in driving a BMW car.

On June 6, 2018, the Defendant driven the above car at around 03:30 on June 6, 2018, and led to the passage of the car to the visible distance from the four-distance off from the Seo-gu, Seo-gu, Daejeon.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving service is thoroughly able to drive the motor vehicle in the front line and safely.

Nevertheless, due to the negligence of neglecting this, the Defendant received the front portion of the victim C(39 tax)'s driving in the signal waiting at the left-hand side, which was the left-hand side of the said BMW car, as the top-hand side of the said BMW car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, the Defendant, while destroying the said so-called mar car to be repaired by KRW 5,085,256, such as the exchange of the previous mar car, did not immediately stop to rescue the damaged person, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports (1), (2) on traffic accidents;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (a point of absence of measures after traffic accidents);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the fact that the defendant reflects his fault, surrenders himself to the p.m. on the day of the accident in this case, and the fact that the victim agreed with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course is issued on the grounds of not less than Article 62-2 of the Criminal Act;