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(영문) 대전지방법원 2017.02.14 2016고단3596
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence 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 CEX car.

On July 13, 2016, the Defendant driven the above car on July 13, 2016, while driving it at the speed of two lanes in front of the E Certified Agent D in Daejeon, the two lanes in front of the E Certified Agent D in the middle-gu, Daejeon, in the speed of two lanes from the four-lane distance from the beginning side of the Asia-west, to the flow-distance toward the flow-distance.

At this point, on-and-off was a four-distance in operation, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle.

Nevertheless, the Defendant did not find out that the G Ga 6 o-car, which was driven by the victim F (54 tax) due to the negligence of driving on a stroke while neglecting it, temporarily stops on the right side of the Defendant’s running direction, and the Defendant was driving the above X 6 o-car on the left side side of the above X-ray 6 o-road o-car, which was driven by the Defendant, with the upper part of the left side of the above o-car 6 o-car which was driven by the Defendant.

As a result, the Defendant suffered bodily injury, etc. to the victim for about two weeks of medical treatment due to the above occupational negligence, and at the same time, 5,703,478 won, such as the exchange of the preceding panions, was destroyed by the above 6 Ban car and escaped without taking necessary measures, such as immediately stopping the Ban car and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on traffic condition, photographs of the accident vehicle and on-site matters, report on the occurrence of traffic accidents, etc.;

1. Application of Acts and subordinate statutes to a written diagnosis and 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 (a point where the crime was committed while the crime was committed on duty), Articles 148 and 54(1) of the Road Traffic Act (a point where measures are not taken after the accident);

1. The Commercial Concurrent Crimes Act.

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