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(영문) 대전지방법원 천안지원 2017.05.11 2017고단261
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a rocketing car frequently or frequently.

On December 22, 2016, the Defendant operated the above car on December 22, 2016, and proceeded with the intersection of the underground vehicular road under Samsung, as in the front of the E located in the Northwest-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Samsung I to the IC bank in Samsung SDI.

At the same time, the intersection was installed with a red-off signal, so in such a case, the driver had the duty of care to drive with due care to other traffic while setting the immediately preceding stop line at the intersection when entering the intersection.

Nevertheless, the Defendant neglected this and did not temporarily stop at the intersection and did not proceed as it is, due to his negligence, received the front part of the victim F (Y, 53 years old) who first entered the intersection from the right side of the Defendant’s proceeding to the left side of the yellow on-and-off new line, and received the front part of the driving G taxi from the Defendant’s driving vehicle.

In this accident, the victim F suffered bodily injury, such as light fat, which requires approximately 3 weeks of medical treatment, and the victim H ( South and 47 years of age) who was on board the victim FF taxi, suffered bodily injury, such as brain fat in an open two areas requiring medical treatment for about 2 weeks.

At the same time, the victim F-owned taxi was at least KRW 11,781,90 for repair costs, such as the exchange of softs.

Even after the accident, the Defendant stopped immediately after the accident and escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (I, F);

1. A report on a traffic accident, a survey report on the occurrence of a traffic accident, the report on the occurrence of an accident, the taking of the accident, and intensity;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act

1.Article 40 of the Criminal Code of Trade and Trade.

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