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(영문) 대전지방법원 천안지원 2017.04.20 2016고단2726
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 BM5 car.

On October 19, 2016, the Defendant, around 22:05, proceeded at an irregular speed in accordance with one lane in the direction of a new gender, along with the two-lane road in front of Busan C in the direction of a new gender.

At the time, there were two lanes at night, and there were two lanes, so in such a case, the driver who intends to change the course had a duty of care to prevent accidents by looking at whether there is a passage of another vehicle on the lane intended to change the course, giving the right to the front side and changing the course safely.

Nevertheless, without examining the passage of other vehicles by neglecting this, the Defendant was negligent in changing the course from the first lane to the second lane, and due to the negligence of changing the course from the second lane to the second lane, the Defendant did not find the victim D's D's 3 car running ahead of the Defendant into the second lane, and received the front left part of the said car as the front part before the right side of the Defendant's car.

As a result, the Defendant suffered from each injury, such as salt, tension, etc., in need of approximately two weeks of treatment to the victim E, who is the passenger of the victim D and the above D due to the above occupational negligence, and at the same time, the said K3 car was damaged to cover approximately KRW 1,793,493, and the Defendant escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each written diagnosis, written estimate of insurance repair costs, supply of automobile parts, and written demand for payment;

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 an injury or injury inflicted on duty), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures taken after an accident) concerning the crime;

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

1. Selection of penalty;

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