beta
(영문) 대전지방법원 2018.08.23 2018고단2253

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On May 30, 2018, the Defendant driven a business Dworket car at the three-lanes of C in front of Daejeon Seo-gu, Daejeon on May 30, 2018, and turn to the left at the seat of the Lifelong Education Center at the two-lanes of B, the Defendant driven the victim E (44 years old) where the Defendant stopped to the signal signal at the front of the direction of the Marind Defendant at the time of the Marind 1, 2018.

FNEW EF rocketing and other vehicles received the top top part of the Defendant’s operation as the front part of the Defendant’s operation in front of the rocketing and other automobiles.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence as above, and at the same time, the Defendant destroyed the above NEW EF rocketing to the extent equivalent to KRW 2,065,108, including the exchange of the board of teams, and escaped without taking necessary measures, such as immediately stopping and saving the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, photograph of a suspect driving vehicle, and photographe screen to a black stuff image;

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 (the point of escape after the injury from duty) and 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 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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions as shown in the arguments of this case, shall be comprehensively taken into account, and the sentence shall be imposed as ordered.