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(영문) 대전지방법원 2017.10.20 2017고단3062
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 rocketing car.

On July 4, 2017, the Defendant driven the above vehicle at around 00:35, and continued the front of the “E” restaurant in Seo-gu Daejeon, Seo-gu, Daejeon, to the Daejeon viewing of the said vehicle at the front of the North Bank.

At the time, there were nights, and there are many traffic signals that are not installed, so the driver had a duty of care to stop the right and the right and the right by temporarily stopping the passage prior to the entry into the intersection, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant, while neglecting this, conflict with the victim F.(50) of the Daejeon District Public Prosecutor's Office, which is driven by the Modern Ethicalism from the boundary of the shot, into the front part of the Defendant's vehicle after the right-hand side of the string-off taxi, and the collision between the damaged vehicle and the victim's H-owned vehicle that is completely parked on the right-hand side due to the shock, and the parts remaining behind the left side of the 1stma vehicle owned by the victim.

Ultimately, the Defendant, by the above occupational negligence, suffered injury to the victim F in need of approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the victim F by stopping the vehicle owned by the victim F, while destroying the vehicle equivalent to KRW 3,269,50,00, such as spreading and exchanging the vehicle in need of medical treatment, and KRW 4,062,20,200.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Written statement to J;

1. A H statement;

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

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 occupational injury) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident) regarding the crime.

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