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(영문) 대전지방법원 2018.12.13 2018고단3683
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 driving of freight vehicles with a 11.5 tones of 11.5 tons.

On August 30, 2018, the Defendant, at a point 31.2 km in the direction of the sub-section of the sub-section of the Hospon Highway, in the area of Daejeon Seo-gu, Daejeon Seodong on August 30, 2018, proceeded in two lanes in the direction of the sub-section of the 31.2km in the direction of the sub-section.

In such cases, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by checking the left, left, and rear well.

Nevertheless, the Defendant neglected to drive a roadside while driving it, and changed the line to a one-lane, and was driven by the victim C (67 tax) who is going to a one-lane, as the front part of the freight truck by the Defendant’s seat.

As a result, the Defendant got injured by the victim C and Dongs E (n, 50 years old), each of the above occupational negligence, and escaped without taking measures, such as aiding and abetting the injured party by stopping the 3,110,910 won of the repair cost of the injured party’s vehicle and the damage of loaded water, and the rails managed by the mountainous district located in the construction site in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A detailed statement of each diagnosis letter, drails damage photographs, and repair expenses, and a detailed statement of the cost of repairing damaged vehicles;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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 (the point of non-measures after the injury);

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. The Criminal Act, the suspension of execution;

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