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(영문) 대전지방법원 서산지원 2019.01.10 2018고단883
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 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 NAS car.

On July 3, 2018, the defendant, around 10:24 on July 3, 2018, had two lanes of the D-do road located in Seosan City C along a one-lane road from the Seosan Seaside to the westside.

On the right side of the defendant's moving direction at the time, the FF-learning car driven by the victim E (n.e., the age of 49) was driven along the two lanes, and the driver changed the lane in front of the defendant's passenger car and proceeded with the first lane. In such a case, the driver has a duty of care to take care of preventing accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right, and accurately

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle by negligence, and received the left-hand part of the Defendant’s passenger vehicle driving ahead of the Defendant’s passenger vehicle.

As a result, the Defendant, by negligence in the course of performing the above duties, suffered a light-based crypump in need of treatment for about two weeks, and at the same time, escaped without immediately stopping a traffic accident that damages KRW 2,698,418 in total the repair cost, and without taking necessary measures, such as checking damage caused by stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. The actual condition of traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A written diagnosis and written estimate;

1. Application of statutes governing CDs, such as field and accident vehicle photographs, black records of damaged vehicles, video records, etc.;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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