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(영문) 대전지방법원 공주지원 2017.01.13 2016고단342

특정범죄가중처벌등에관한법률위반(도주치상)

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving K5 cars.

On September 13, 2016, the Defendant operated the said car with around 08:50 duties, and proceeded to turn to the left at the “D car page” parking lot located in the official city C at the official city.

In such cases, the driver of the vehicle has the duty of care to confirm the safety of the course and to turn to the left safely by properly examining the right and the right of the way prior to the left.

Nevertheless, the Defendant neglected this and proceeded to turn to the left without examining the way well, and the Defendant took the part of the top part of the victim E (the 50-year-old driving) driving, which was going to the Myeon area of the mountain, the upper part of the victim E (the 50-year-old driving) with the top part of the passenger car operation of the Defendant, and led the victim to turn to the right right by the shock.

The Defendant, due to such occupational negligence, committed an injury to the victim E, such as the left-hand aggregates, etc. requiring a treatment for about six weeks, and escaped without immediately stopping the victim’s G (20 years of age) who was on board the victim’s car, resulting in the injury of the right-hand leg, etc. requiring treatment for about two weeks, and without taking necessary measures, such as providing assistance to the casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Reports on the occurrence of traffic accidents, actual investigation reports and investigation reports;

1. Application of each medical certificate and Acts and subordinate statutes governing the scene of accident;

1. Article 5-3 (1) 2 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime committed under the relevant Article of the Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures (the scope of recommended punishment) are traffic accidents.