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(영문) 대전지방법원 천안지원 2016.11.08 2016고단1514
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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 CK5 cars.

On July 10, 2016, the Defendant driven the above car at a speed of 00:17, and led to the running of the car in front of the one-lane road in the Asan City Pung-si, along the two-lanes from the parallel Eup to the parallel parallel.

At the time, a signal is installed at night and at all times, so in such cases, the driver had a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by looking well at the other vehicles' attitudes in the signal light and the front door.

Nevertheless, the Defendant neglected to do so and proceed without reducing the speed without looking at it well, and found late that the E-high-speed car driven by the victim D is waiting for the signal according to the stop signal, and took a sudden action, but did not avoid it, and received the victim's vehicle behind the passenger vehicle by the part of the victim's vehicle behind the vehicle.

Ultimately, the Defendant, at the same time, committed an injury to the Victim F (hereinafter, 64 years of age) who was taking advantage of the high-speed car with the above occupational negligence to approximately three weeks of medical treatment, and at the same time, the Defendant did not stop, stop, and escape without taking necessary measures, such as aiding and abetting the said F, even though the repair cost of KRW 747,80, such as the exchange of a spread, damages the above high-speed car, and then the repair cost of KRW 747,800, such as the exchange of a spread.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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 facts constituting an offense.

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