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(영문) 대전지방법원 서산지원 2017.12.08 2017고단862
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

On June 22, 2017, the Defendant is a person engaged in driving CMW car. On June 22, 2017, the Defendant driven the said car at a speed of approximately 125 km per hour according to the speed of 125 km from the surface of the sea to the surface of the medical center in Busan Metropolitan City.

At the time, night and where the speed of restriction is 60 km a speed, the driver of the vehicle has a duty of care to reduce speed according to the speed limit and to properly see the right and the right and the right of the driver of the vehicle, and to accurately manipulate the steering direction and the brakes so as to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 65 km per hour, and received the part of the Defendant’s driving Gpoter freight truck in Gpoter to the right side of the direction of the Defendant’s operation from the back side of the medical center in Seosan to the right side of the medical center in Seosan.

Ultimately, the Defendant suffered injury, such as a cage of cage cage cage that requires approximately five weeks of medical treatment due to the above occupational negligence, while at the same time, the Defendant destroyed the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to a traffic accident report (on-site investigation report), an accident site report photograph, a traffic accident analysis report, a vehicle estimate, a medical certificate, a vehicle boom, a vehicle boom, a criminal investigation report (on-site 89 pages or below);

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The Criminal Act for mitigation of quantity;

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