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(영문) 대구지방법원 2018.06.07 2018고단1666
특정범죄가중처벌등에관한법률위반(도주치상)등
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 a person who is engaged in driving a XG car with the franchise.

On February 24, 2018, the Defendant driven the above car at around 00:15, and led the Defendant to drive the said car at around 00:15 in accordance with the first three-lanes, one of three-lanes, one of the three-lanes, namely, the New-ro, Nowon-gu, Nowon-gu, Nowon-gu, Nowon-gu, Seoul.

At the time, the Defendant was driving with DCo or a car driven by the victim C (25) who was driving in the same direction, and thus, the Defendant was under duty of care to operate safely by accurately operating the steering system and the brake system.

Nevertheless, the Defendant was negligent in driving a vehicle in the vicinity of it, and the above franchise was the front part of the right side of the XG car, and the upper part of the above co-car was collisioned and the center was sub-divided into the two places.

The Defendant, by such occupational negligence, suffered injury to the victim, such as salt, tensions, etc. in the 2 week medical treatment. The Defendant destroyed the above c or car to cover approximately KRW 4,401,238 of the repair cost, and the central separation unit was damaged to cover approximately KRW 2,95,00,000 of the repair cost, and escaped without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and on-site photographs;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an 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 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Determination on the assertion by the Defendant of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

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