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(영문) 대전지방법원 2017.05.30 2017고단959
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a rocketing taxi vehicle.

On January 21, 2017, the Defendant driven the above vehicle at around 01:00, and proceeded to the four-distance distance from the four-distance distance from the border of the Yacheon-gu, Daejeon.

At the time, there was a night, and there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by driving the motor vehicle, such as making the front door and the left door well, accurately operating the brake and steering gear, etc., because the way at which the signal, etc. is installed and operated is a four-lane crossing.

Nevertheless, the Defendant neglected this and got the victim to go beyond the left side along with the motor device and bicycle of the victim D(38) driving EW125 motor bicycle riding which was waiting and stopped on the front side of the defendant's vehicle by negligence.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as a shoulder, arms, and other specified damage, etc., which requires approximately two weeks of medical treatment, and, at the same time, did not immediately stop the damaged vehicle so that the repair cost of the damaged vehicle would amount to KRW 3,526,611, and escaped without taking measures, such as aiding the damaged person or preventing any danger on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Written diagnosis (D) and written estimate (E);

1. Application of Acts and subordinate statutes to screen a report on investigation (verification of black stay images), a report on a traffic accident, a survey report on the actual condition of a traffic accident, on-site photographs, and a suspect's vehicle boom image to cover a screen;

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 (the point of absence of accident) concerning the crime;

1. Trade name;

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