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(영문) 대전지방법원 천안지원 2017.08.31 2016고단2760
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 the driver's service of Cknife vehicle.

On October 28, 2016, the Defendant driven the above vehicle at around 04:25, and moved the two-lanes of the two-lanes in front of the E cafeteria, Seoan-gu, Seoan-gu, Seoan-si, bypassing it to the direction of F apartment in the direction of the original printing distance.

In such cases, a person engaged in driving 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 of the front side well and accurately manipulating the steering direction, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceed in front of Defendant G (VM5) driving, which was driven by Defendant G (VM5) driving, is shocked with the front part of the vehicle running in front of Defendant G (VM5) driving, and due to its shock, the Defendant driven the victim I (53 years old) who was standing in front of the vehicle running in front of the foregoing SM5 car by signal signaling at the opposite lane due to its shock.

J J J Do- Do- Do Track part of the front of the cargo vehicle re-abricated.

As a result, the Defendant suffered injury to the said I due to the foregoing occupational negligence, such as salt panion, tension, etc. in need of treatment for about two weeks, and at the same time, the Defendant destroyed the said GM5 car to have approximately KRW 6,907,960, such as the exchange of panions, and escaped without taking necessary measures, such as immediately aiding Do- Do - Do - Do - car, which are owned by the said I, to have approximately KRW 695,50,00 for repair cost, such as the exchange of panions.

Summary of Evidence

1. Each legal statement of witness I, witness K and L;

1. Statement made by the prosecution with regard to I;

1. Statement made to I by the police;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury from duty).

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