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(영문) 대전지방법원서산지원 2020.11.25 2020고단1006
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 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 B M& car.

On May 29, 2020, the defendant driven the above car at around 22:20, while driving it, D' prior distance in Western City C was driven in the direction of the center in F's direction.

At this point, there is a duty of care to drive safely after checking whether there is another vehicle that reduces speed and crosses the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and proceeds as it is, and instead, took part of the victim G (the 39 years old) driving in the direction of the square from the direction of the police station to the 1st square. The part of the pentum in front of the left-hand side of the driver's vehicle of the Defendant was the front-hand part of the driver's vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time, destroyed the victim’s car to have an amount equivalent to KRW 2,834,214, and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. The actual survey report on traffic accidents;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act caused the instant accident and escaped, the defendant's responsibility may be mitigated.

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