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(영문) 대전지방법원 2018.06.21 2018고단527

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

Reasons

Punishment of the crime

On February 3, 2018, the Defendant driven a car for B Rteon around 09:30 minutes, and driven a three-lane in front of the public market in Seo-gu Daejeon Metropolitan City, Seo-gu, Seo-gu, Daejeon, with two-lanes, at a speed of about 40 kilometers per hour from the most four-distance four-lanes from the four-lane off to the four-lane off-distance off, and changed the lane to one-lane.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents by safely driving the steering wheel and brake system by properly operating the steering wheel and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle on the right side of the front side while neglecting the duty of the front side of the motor vehicle, and received the part of the motor vehicle back to the right side of the victim C(34) driving, which was driven by the victim C(34) driving while driving a motor vehicle to stop on the front side of the motor vehicle.

Defendant at the same time, due to such occupational negligence, caused the above victim to inflict injury on salt ties, tensions, etc. in the part where it is difficult to treat the said victim for about two weeks, and the victim E (the 33-year old-age-old victim E) suffered from the injury of chills, tensions, etc. in need of treatment for about two weeks, and at the same time, damaged the damaged vehicle to an amount equivalent to KRW 427,218, not taking necessary measures, such as providing relief to the victims, by stopping the vehicle immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each police statement protocol (C, E, medical certificate, and written estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), Article 148 and Article 54(1) of the Road Traffic Act (Non-measures after Accidents);

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

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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