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(영문) 대전지방법원 공주지원 2017.02.17 2016고단378
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 small-sized cargo vehicle B at the beginning of the Poter.

On September 29, 2016, the Defendant driven the above vehicle around 15:00, and led to the passage of the road of 1 lane in front of the school, such as Daejeon Pung-gu Old-ro 165, at the speed of about 30 to 40 km from the right side to right-hand.

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 steering gear and brake system, such as taking into account the situation of the front and right and right and right and right of the motor vehicle, and operating the steering gear and brake system carefully.

Nevertheless, the Defendant, while driving over speed without reducing speed while neglecting the speed at the front time, was able to receive the back part of the back end part of the victim C(35) drive of the victim C(35 years old) who was stopped at the front of the front time, with the front part of the Defendant’s vehicle as the front part of the Defendant’s vehicle, while the said rocketing vehicle was pushed in the front of the said vehicle, and was parked in the front of the said vehicle.

Defendant 1 caused injury to the victim C and E, such as catum fat, which requires the treatment of approximately two weeks by occupational negligence as above, and at the same time, Defendant 2,539,068 won of the victim C’s car to be 2,50,000 won of the repair cost. Defendant 1 left the victim E’s freight vehicle immediately and escaped without taking necessary measures, such as providing relief to the injured.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. The actual investigation report on traffic accidents and each investigation report;

1. Each written diagnosis and written estimate;

1. Application of relevant photographs, such as site, and accident CD-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1.Article 40 of the Criminal Code of Trade and Trade.

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