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(영문) 대전지방법원 천안지원 2018.06.21 2018고단688
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2018, the Defendant driven frequently or frequently on February 24, 2018.

C Launaly operated a rocketing car, and, at the time of the Yananananan, it proceeded with the front direction of Samsung C&T at the time of the Yanancheon-gu, Nam-gu, Namcheon-gu, Seoul, as the arche-si

At night, it was difficult to keep the surrounding areas at night, and the victim D ( South, 27 years old) driving E-5 passenger vehicles in the front of the defendant's moving direction were stopped for the signal waiting, so in such a case, the driver of the vehicle has a duty of care to see the front side and accurately operate the brake system.

The Defendant’s negligence, while neglecting the above duty of care, committed an injury to the victim’s driver’s vehicle running ahead of the Defendant’s driver’s vehicle by taking part of the back part of the victim’s driver’s vehicle, which was driven by the Defendant’s driver’s vehicle, and due to the shock, suffered from the victim’s injury, such as chills and tensions, requiring approximately three weeks of medical treatment, and even if the 2,555,947 won of the repair cost was damaged to the degree of the victim’s driver’s vehicle, the Defendant left the vehicle without taking necessary measures, such as providing relief to the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The scope of sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of the recommended sentence] shall be the number of persons who have suffered damage, and the number of persons who have received special mitigation [the person who has received special mitigation], the number of persons who have received special mitigation [the person who has received special mitigation], and the number of persons who have received special mitigation [the person who has received damage]

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