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(영문) 대전지방법원 천안지원 2018.04.12 2017고단2762
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of a sentence 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 shall drive a car frequently or frequently.

On November 23, 2017, around 04:50 on the 04:50, the Defendant driven the said car along the three-lanes from Samsung SDR to the bank of the police station northwest-west in the Yanananan-gu, Seocheon-gu, Seocheon-gu.

A driver of any motor vehicle shall drive the motor vehicle in compliance with the direction signal and shall use the direction signal, light or horn in accordance with the speed and route of the motor vehicle running ahead in order not to impede the passage of any other motor vehicle traveling ahead of it.

However, the Defendant neglected to do so and did not avoid the victim F (W, 55 years old) driving G-gu car, which was driven by the Defendant’s negligence in the front bank of the Mar. 1, 201. After the right side of the said SP car, the Defendant fell into the front door of the said TP car.

In this accident, the victims suffered from injuries, such as light clocks, which require approximately two weeks of treatment, and the car in the T-gu is about KRW 7,953,076 of the repair cost.

However, the Defendant immediately stopped and did not take necessary measures, such as aiding and abetting the injured party, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (F);

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. Photographss, damaged vehicles photographs, black stuffs images, photographs, and photographs of suspect drivers;

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, 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment], and escape after traffic accident.

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