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(영문) 대전지방법원 2017.04.14 2017고단137
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 engaging in driving a rocketing car.

On December 6, 2016, the Defendant driven the above car at around 01:45, and led to a three-lane road of the original Do road in the Dong of Sejong-si at the time of Sejong-si along the two-lanes depending on the 80km of speed from Daejeon-si to the measure source.

At the time, since the defendant's vehicle was at night, and since the defendant's vehicle entered the underground roadway was not sufficiently secured, there was a duty of care to reduce the speed and prevent the accident in advance by well examining it.

Nevertheless, the Defendant neglected this to reduce the speed by reducing the speed or by neglecting it, and by neglecting it while driving the vehicle at the passenger car zone of the Defendant, received the back part of the D AD car driven by the Defendant as the front part of the Defendant’s car.

As a result, the Defendant suffered from the injury of the victim C and the victim E (hereinafter 42) who was on board the said vehicle on account of the above occupational negligence, such as salt, tensions, etc. of the bones that requires approximately two weeks medical treatment, and at the same time, the Defendant destroyed the said vehicle with the repair cost of KRW 2,172,80, including the replacement and maintenance of the back crimeer, and escaped without taking necessary measures, such as providing rescue to the victims, even if the Defendant destroyed the said vehicle and immediately stopped the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute to include each written diagnosis and 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, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the occupation of a measure not taken after the destruction of goods) of the relevant Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment shall be imposed on the victim C with the largest penalty).

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