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(영문) 대전지방법원 천안지원 2020.05.13 2020고단428
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 of K5 vehicles B.

On November 23, 2019, the Defendant driven the above vehicle at a speed of 23:35, and driven the four-lane of the 4-lane road in front of the constituent three-lanes in the east-gu, East-gu, East-gu., East-do.

At the time, there was a duty of care to prevent accidents in advance by checking the right and the right and the right of the driver of the motor vehicle well.

The Defendant neglected this, while driving a strokely, brought the back part of the victim C (the 49-year-old) driving DK5 vehicle running in order to circumvent from the front side of the driving direction of the Defendant due to the negligence in the course of the Defendant’s business.

Ultimately, the Defendant, by the above occupational negligence, inflicted injury on the victim C, such as the escape certificate of a conical signboard that requires approximately six weeks of medical treatment, and inflicted injury on the victim E (V, 48 years old) who was on board the victim C driver’s vehicle, such as a conical signboard escape certificate that requires approximately six weeks of medical treatment, and at the same time, the Defendant destroyed the DK5 vehicle to go away without immediately stopping and taking necessary measures, even though it damages the sum of the repair cost of KRW 7,216,856.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Each written diagnosis;

1. Written estimate;

1. Application of accident-related photographs and the Acts and subordinate statutes governing rolling stock photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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