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(영문) 대전지방법원 2017.07.07 2017고단1669
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving a Clearning car.

On March 22, 2017, the Defendant came to go straight in the direction of a new fluor in the direction of a fluor in the direction of a fluor, along with the side street, without distinguishing the two lanes from the front line of E E-art in Daejeon Seo-gu, Daejeon.

In this case, a person engaged in driving service has a duty of care to reduce speed and to safely check the right and the right and the right of the road well.

Nevertheless, the Defendant neglected to proceed to the right side of the Defendant’s moving-in car at the intersection in order to proceed to the right side of the Defendant’s moving-in in the right side of a new stop. However, the Defendant received the part of the Defendant’s moving-in car in front of the left side side of the GVS car at the GV drive of 50 years old, which entered the intersection.

The Defendant inflicted injury on the Victim F and the Victim H (W, 47 years old) who was on board the Victim F and the No.N. car due to the foregoing traffic accident, due to each two-day medical treatment, and at the same time, the Defendant destroyed the said No.N. car to the extent that its repair cost would amount to KRW 3,909,464, and immediately stopped and escaped without taking measures such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of each written diagnosis;

1. Application of the statutes governing written estimates;

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 committed by the relevant law (the occupation of a measure not taken after the destruction of goods)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes against F, which is the largest punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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