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(영문) 대전지방법원 2018.11.12 2018고단3167
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 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 Bran vehicle.

On August 4, 2018, the Defendant driven the above car at around 23:23, and proceeded at a speed that cannot be known from the direction of the middle village elementary school to the direction of the day off from the middle village elementary school.

At night, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the steering time and accurately operate the steering and operating the steering system.

Nevertheless, the defendant's negligence and negligence of driving the vehicle in the opposite direction, caused the front part of the victim C(58 ) driving that was stopped on the left side of the defendant's moving direction to the traffic of the vehicle of the defendant in the opposite direction to the defendant's moving direction to the front part of the defendant's vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc. requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to cover repair costs of approximately KRW 877,00,00, and escaped without immediately stopping and taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate for repairing damaged vehicles;

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

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

1. Selection of imprisonment with prison labor for abandonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act is disadvantageous to the fact that there was a fine on account of drinking driving in 2017, taking account of the nature, reflectivity, degree of damage, agreement with the victim, subscription to the comprehensive automobile insurance, and other sentencing factors under Article 51 of the Criminal Act.

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