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(영문) 대전지방법원 천안지원 2018.10.26 2018고단52

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 September 17, 2017, the Defendant was sentenced to a suspended sentence of two years for six months due to special injury, etc. in the Daejeon District Court's Branch of the Daejeon District Court, and the said judgment became final and conclusive on August 25, 2018.

The Defendant is a person who is engaged in the operation of a passenger car in Ireland.

On December 3, 2017, the Defendant driven the above car at around 15:59, and led to the road of four lanes in front of the E Hospital located in Chungcheongnam-gu, Seoan-gu, Seoan-gu, Seoan-gu, the Seoul Special Self-Governing Center for Residents along the two-lanes of the two-lanes of the two-lanes of the two-lane distance.

At the same time, the passenger car driven by the victim F(52) is stopping in the atmosphere of the signal, so in such a case, the driver of the vehicle has a duty of care to avoid accidents in advance by accurately manipulating the steering gear and operating the steering gear while keeping the safety distance.

However, the Defendant neglected to perform his duty at the front time, neglected to do so, and failed to stop immediately and stop the above low-speed car with the Defendant’s vehicle’s front driver, and she Ha (hereinafter 44 years old) with the Defendant’s vehicle, thereby causing injury to the Defendant’s H, such as salt, tensions, and so on for about two weeks of treatment. At the same time, the Defendant escaped without taking necessary measures, such as providing rescue to the victim’s H, such as aiding and abetting the low-speed car, and saving the 341,028 won of repair cost, such as exchanging the high-speed car, and stopping it immediately.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (to hear statements with victim H);

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate of general repair expenses;

1. On-site map;

1. An accident scene photograph;

1. Previous records of judgment: Inquiry into criminal records and investigation records, and application of statutes bound in court records;

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.