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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2080
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant shall drive a car frequently or frequently.

On August 20, 2017, around 20:52, the Defendant driven the said car to the 104 east of the Switzerland apartment 104 east of the Yongsandong church.

At the time, since it is night and there is no signal at that time, in such a case, the driver had a duty of care to properly look at the location of another vehicle that entered the intersection and to properly operate the brake system accordingly.

Nevertheless, the Defendant neglected to do so and failed to enter the intersection and did not look well, and instead, went to the left from the right side of the intersection to the right side of the front side of the Defendant’s course, and came to the opposite line to the Defendant’s direction, and received the part of the victim D(n, 44 years old)’s left part of the driving seat of the driving car owned by E(n, 44 years old) in front of the left side of the Defendant’s driving car.

In this accident, victims D suffered injuries, such as double strings, which require approximately two weeks of medical treatment, and the above SP car was 1,479,322 won of repairing cost.

However, the Defendant immediately stopped and did not take necessary measures, such as aiding the victim D, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Investigation report on the actual traffic accident, report on the occurrence of a traffic accident, and report on the occurrence of a traffic accident;

1. Accident scene and photographs of damaged vehicles;

1. Photographs of a place of accident;

1. A photograph of each CCTV closure and suspect vehicle;

1. Report of investigation (specific suspect);

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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