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(영문) 대전지방법원 천안지원 2018.11.08 2018고단2296
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a benz car.

On August 23, 2018, the Defendant driven the above vehicle at around 22:30, and driven the D oil station in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, in the shooting distance protection area in the mountain-dong, the Defendant driven the D oil station at an indefinite speed along the two-lanes of the 3-lanes of the comprehensive sports ground in the mountain-dong.

There is a place where the center line of yellow solid lines is installed, and in this case, there was a duty of care to accurately operate steering wheel and brakes as a person engaged in driving motor vehicles, and to safely drive the designated lane.

Nevertheless, the Defendant neglected this and went away from the site without immediately stopping the damaged vehicle and without taking necessary measures, such as providing relief to the damaged person, while taking the front part of the left part of the Fwork Haa car of the victim E, which was going to the right-hand left-hand turn at the right-hand left-hand turn, in front of the left-hand side of the Defendant’s vehicle. At the same time, the Defendant suffered an injury to the victim, such as salt, tension, etc. of a string in need of approximately two weeks medical treatment, and at the same time, destroyed the damaged vehicle to be approximately KRW 9,02,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates and resolution on the payment of insurance proceeds;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] was minor (one year to three years) in the aggravated area (one year to three years) after traffic accidents.

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