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(영문) 전주지방법원 2016.08.23 2016고단994

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of LAWn-Wn-Wn-Wn-Wn-C

Around 16:40 on August 16, 2015, the Defendant driven a lurged motor vehicle above the upper half of the world of the Daejeon, and driven a water-surging road in front of the water-surging in the direction of the river area in the middle-gu, Daejeon, with two lanes of speed 20-30 km at the speed of the two-lanes depending on the water-surging surface from the four-lanes of the river area in the direction of the river area in the middle-gu, Daejeon. The Defendant had a duty of care to maintain the safety distance, thoroughly maintain the front hour, and prevent the accident by accurately manipulating the steering and operation of the steering gear in advance.

Nevertheless, without maintaining the safety distance, the Defendant stopped the above K5 vehicle at a distance of 5 meters from the above K5 vehicle, followed by the vehicle stop in accordance with the stop signals, and the Defendant did not avoid it, and she did not take measures such as immediately stopping and checking the degree of damage, and she did not take necessary measures such as immediately stopping the above 5 vehicle to the victim M with the front part of the K5 vehicle of the 1,407,670 vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the prosecution or the police concerning the accused in the suspect examination protocol;

1. Statement made by the police in relation to M;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes of each photograph (as evidence Nos. 2, 8, 14, 15);

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 (the point of non-measures after the traffic accident);

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 subparag. 1 subparag. 3 of the Criminal Act (the following):