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(영문) 대전지방법원 천안지원 2017.05.19 2016고단2632
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 is a person who is engaged in the operation of TG motor vehicles by borrowing C.

On December 9, 2016, the Defendant driven the above-mentioned vehicle around 00:30 on December 9, 2016, and led the Defendant to proceed in the direction of Asan in the direction of both underground vehicular roads, depending on the three-lane intersections of the Transan-dong, Chungcheongnam-gu, Chungcheongnam-do.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the right and the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle.

Nevertheless, the defendant did not properly operate the steering direction and operation system, and the victim D (55 years old) who was parked in the signal atmosphere from behind the defendant man due to negligence after he did not properly operate the steering direction and operation system, was shocked by the front part of the EM5 car driven by the defendant driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the Defendant’s base and tension that requires approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to have approximately KRW 403,858 of repair cost, such as exchange of softs, and escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and each photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of view) and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of measures not taken after the accident);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [the scope of recommended punishment], and escape after traffic accidents.

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