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(영문) 대전지방법원 논산지원 2020.02.11 2020고단8

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 Grandroth.

At around 16:00 on November 4, 2019, the Defendant driven the above van and proceeded to C from the direction of the Seosan Police Station, Seosan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamnam-do.

At the time, vehicles stopped in the signal atmosphere. In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, steering and brake devices to those engaged in driving service.

Nevertheless, the Defendant neglected this and caused the Defendant’s failure to drive the Defendant to the front part of the victim D (the 39-year-old) driving in the front direction of the Defendant’s running, which was under the influence of the signal at the front direction of the Defendant’s running.

Ultimately, the Defendant, by occupational negligence, escaped from the accident site beyond the central line without taking necessary measures, such as personal information notification, insurance receipt, and reporting 112, even though he/she destroyed property to cover approximately KRW 184,200, such as 184,200 of repair cost, such as exchange of stringers on the victim’s driver’s car, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 5-3 (1) 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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the nature of the offense is inferior, and the victim is punished against the defendant.