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(영문) 대전지방법원 천안지원 2017.11.24 2017고단2092
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 small-scale car B.

On August 12, 2017, the Defendant driven the above vehicle at around 22:25, and went back to and from the D cafeteria located in Asan City, the Defendant turned back to and from the middle school on the side of the entrance.

Since there is a place where vehicle traffic is frequent in a commercial densely-populated area, the driver of the vehicle has a duty of care to safely drive the vehicle by checking the traffic situation of the rear side.

Nevertheless, the Defendant neglected this and did not properly consider the traffic situation in the rear side, and received the back part of the victim E (38 tax) driving in the front side of the Defendant’s vehicle from the lower side of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E and the victim G (V) who was on board the damaged vehicle for about two weeks each, such as salt, tensions, etc. in need of medical treatment, and, at the same time, escaped without immediately stopping the damaged vehicle and without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and each photograph;

1. Video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (a point of view) and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of view of measures not taken after an accident);

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 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The area of mitigation (from June to one year) (the person who has been specially mitigated) after traffic accidents.

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