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(영문) 대전지방법원 천안지원 2018.06.28 2018고단1098
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 Bbea cruise car.

On February 1, 2018, the defendant operated the above Vietnam-style cruise car on February 21, 2018, and proceeded one-lane road in front of Asan City from the jurisdiction of the police education center to the shooting distance range in Eup.

At the time of night, there was a place where the front door door was flowed and there was a yellow-ray center, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as: (a) the person engaged in driving of a motor vehicle, who is well aware of the front door and the left door; (b) accurately handles the steering direction and brake system; and (c) complying with the rules

Nevertheless, the Defendant neglected this and got off the opposite lane due to the negligence of driving the median line in the middle distance room in Eup, and was driven by the victim D(35 cm) who is going straight to the seat of the police education center. The left part of the motor vehicle of the said B Freezing II of the said B Freeboard was taken out with the left part of the said Vietnam cruise car.

As a result, the Defendant suffered bodily injury, such as double gambling, which requires medical treatment for about two weeks, due to such occupational negligence, and at the same time escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle of the said two freezing II, which is damaged by the repair cost of KRW 4,164,059.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. CCTV-cape photographs and field photographs;

1. Investigation report (victim D telephone communications);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the 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 1.

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