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(영문) 대전지방법원 논산지원 2018.08.28 2018고단252
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 small-scale car B.

On April 21, 2018, the Defendant driven the above car at around 21:00, and 271 as a citizen of the city of Edsan, and continued the front road of the culture and arts center in the direction of the street from the home plug in the direction of the home plug.

A person engaged in driving service has a duty of care to safely drive the front side and the left side.

Nevertheless, the Defendant neglected this and led the victim C (W, 46 years old) who had been prior to the course of the course of the course of the course by negligence, to the part of the victim C (W, I, 46 years old), which had been leading to the passage of the vehicle in front of the above Soona car, and caused the above-learning car to take the road border seat of the road.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as brain-dead sugar, etc., in which approximately three weeks of treatment is required, and suffered injury to the victim E (20 years of age) who is the passenger of the affected vehicle, such as divers, which requires approximately two weeks of treatment, and at the same time, led the victim E (20 years of age) to have approximately KRW 2,034,568 of the repair cost of the said flaging vehicle, and escaped without immediately stopping the vehicle and without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A report on investigation (Submission of a medical certificate, etc.);

1. Application of Acts and subordinate statutes governing accident scene 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for each choice of punishment (the nature of the crime is pleasureed with the escape of a person who has driven a drinking accident to conceal the drinking fact);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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