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(영문) 대구지방법원 2018.11.09 2018고단1953
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who owns a Bsch Rexton car and is engaged in driving service.

On July 17, 2014, the Defendant driven the said car, which was not covered by mandatory insurance at around 03:00, and led the Defendant to drive the said car at an indefinite speed, along the two-lanes between the four-lanes from the claim side of the D Bank located in Daegu-gu, Daegu-gu, to the new four-lane distance.

At night and at the front of the defendant's driving direction, the driver E (35 years old) stops for the signal waiting, and in such a case, the driver has a duty of care to ensure that the driver has a duty of care to prevent the accident in advance by securing the safety distance, thoroughly operating the steering direction and operation devices, and accurately manipulating the steering direction and operation devices.

Nevertheless, by negligence, the Defendant neglected this and went into operation, and received the back part of the vehicle of the Defendant as part of the front part of the Defendant’s vehicle. The Defendant inflicted injury on the victim E, such as the impairment of the ethic nature of the two sides, which requires two weeks of medical treatment, on the part of the damaged vehicle, and inflicted on the victim G (V, 25 years of age) who was on the part of the damaged vehicle with approximately two weeks of medical treatment, and went away without taking necessary measures, such as providing relief to the damaged vehicle, even though the damaged vehicle is damaged to the extent that it exceeds KRW 1,33,200 for repair cost, and without immediately stopping the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on internal investigation (referring to a diagnosis document);

1. Reports on internal accidents (referring to mandatory insurance inquiries about the vehicles under consideration);

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate for damage);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the point of view after an accident).

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