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(영문) 대구지방법원 김천지원 2018.02.01 2017고단1433
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

On May 19, 2017, the Defendant driven a rocketing car around 22:40, and proceeded ahead of the E Hospital located in Kumi-si D with a single-lane from the four-distance off of Kuosan to the four-distance off of the terminal.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected this and proceeded in the front of the signal traffic at the front of the Defendant’s rocketing car after the victim FF driver’s GF driver’s car in the front of the signal traffic at the front of the signal.

As a result, the Defendant, through the above occupational negligence, committed an injury to the victim F, such as salt ties and tensions of other parts that require approximately two weeks of medical treatment, suffered injury to the victim H (the victim 28 years old), who is the passenger of the victimized vehicle, such as salt chills, tensions, etc. requiring approximately two weeks of medical treatment, and escaped without taking necessary measures, such as making the repair cost 1,198,400 won, even if the Defendant damaged the passenger car to their repair cost, and immediately stopped, without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report and photograph of actual condition;

1. Medical certificate (F), medical certificate (F), medical certificate (H), and medical record (H);

1. Application of written estimates (G) Acts and subordinate statutes;

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 escape after the injury of each business negligence) and Articles 148 and 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An accident occurs while driving a vehicle while drinking the reasons for sentencing under Article 62-2 of the Criminal Act.

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