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(영문) 대전지방법원 천안지원 2018.05.18 2018고단202
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 2, 2018, around 00:23, the Defendant operated a two-lane way in front of the apartment of a hot spring village located at a 41-lane in the city of Asan, Asan-si, with a chemical high school room from the land of the Daegu Agricultural Bank to the land of the Yongsan High School, and proceeded along a one-lane.

At the time, there is an intersection where signal lights are installed, so in such cases, the driver of the motor vehicle has a duty of care to safely operate the steering gear and brake system by accurately manipulating the steering gear and brake system according to the new code.

However, while the Defendant neglected this and continued to stop, the Defendant was unable to avoid the bandon truck of the victim C (58 years old) driving, which was stopped for signal waiting in the front direction of the math, and received the part of the bandon truck in front of the said car, with the top part of the said car.

As a result, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as a shoulder that requires approximately two weeks of medical treatment and the strawing of the above arms, and at the same time, escaped without taking necessary measures, such as providing rescue to the injured party by immediately stopping the said cargo, even though the said cargo was destroyed to have approximately KRW 910,000 of repair cost, and then damaged it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report (1) (2) and report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident mergs and field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the act of not taking measures after the destruction of goods)

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 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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