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(영문) 대전지방법원 서산지원 2017.02.10 2016고단828
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 DNA car.

On November 3, 2016, 22:30, the Defendant proceeded along the two-lanes in front of the west west west in the Yellow Sea along the two-lane distance from the ting breadth.

At the time, there are nights, and there is an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing the speed of the motor vehicle driver and accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and went ahead of it on the same lane as mast by negligence while neglecting it at the front time, and received a part of the front part of the car driven by the Defendant, following the victim E(60) driving car stopped for the waiting for signal.

As a result, the Defendant suffered from an injury to the victim, such as light dump, which requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the said three-day car to use it as repair costs, such as exchanging dump fences, etc., and escaped without taking necessary measures, such as providing relief to the injured party, even though it did not stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a traffic accident report, a medical certificate, and a written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury to each duty), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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