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(영문) 대전지방법원 2017.03.15 2016고단4462
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 driving a C-Scar.

On November 13, 2016, the Defendant driven the above car at around 01:45, and sent to the left from the direction of the situation four-lanes in front of the four-lane (including the left-hand turn-hand turn-hand turn-hand turn-on) at the entrance of the animal board located in the Dae-gu, Jung-gu, U.S., U.S. at the front of the situation.

In such a case, as a signal has been installed at the front door, the driver of the motor vehicle had the duty of care to live well on the front left and to prevent the accident by going through an intersection in accordance with its signals, but the defendant was negligent in violating the signal, thereby driving the victim D (64 tax) who proceeded to the close from the front side of the road inside the inside of the territorial region as is, due to the negligence of left-hand turn, in accordance with the signal.

E K5 si’s left top part of the taxi was received as the front part in front of the right-hand part of the Defendant’s low-speed car.

Defendant 1 suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks due to such occupational negligence, and at the same time, Defendant 1 left the said K5-si without immediately stopping and taking necessary measures, such as providing relief to the victim, while destroying the said K5-si so that it would amount to KRW 1,547,555 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. An accident scene photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

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;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures: alcohol.

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