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(영문) 대구지방법원 김천지원 2018.02.08 2017고단1616
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

On September 13, 2017, the Defendant driven a BA code car on September 17:11, 201, and led the Defendant to proceed in two lanes, one of which is the front road of the livestock cooperative in the Sung-dong in Kimcheon-si, at the matbp to the shooting distance of the straight intersection, from the matbp to the 3-lane.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as making a well-brush, accurately operating the steering gear, maintaining the appropriate distance from the motor vehicle in front, and operating the motor vehicle.

Nevertheless, the Defendant neglected to do so and negligently led the Defendant to drive DF rocketing car prior to the Defendant’s running of the Defendant’s running ahead of the Defendant’s running direction (e.g., 52 years old), and caused the Defendant to have the victim E (e., f., 52 years old) who was waiting for a signal signal at the front of the passenger car due to the shocking of the LF rocketing car.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as sugars without any wound in the two fields where approximately two weeks of medical treatment is open, and inflicted injury on the victim E, such as base salt, tensions, etc., which requires approximately two weeks of medical treatment, and inflicted injury on the victim G (the 50-year-old passenger) who is a passenger of the radar car, including base salt, tensions, etc., for about two weeks of medical treatment, and escaped without taking necessary measures, such as providing repair cost to the victim G (the 50-year-old passenger) who is in need of approximately two weeks of medical treatment. At the same time, the Defendant, as seen above, destroyed the Rasta car to be in excess of KRW 2,295,448 of its repair cost, and immediately stopped the Rast car, without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A survey report on actual condition and on-site photographs;

1. Application of Acts and subordinate statutes to each written diagnosis, written estimate for repair (2 vehicles involved in an accident), and written estimate for repair (3 vehicles involved in an accident);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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