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(영문) 대전지방법원 천안지원 2019.01.25 2018고단2648
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 CA car.

On September 24, 2018, the Defendant driving a B car volume around 18:30 on September 24, 2018, and driving at a speed that is impossible to identify two-lanes depending on the two-lanes at a point 94.8 km on the mid-to-west Highway located in the first Gyeongnam-gun, Gyeongnam-gun, Sungbuk-gun.

The driver has stopped on the side in order to rest with the drinking road and the downway.

Since there has been a gradient of 2.4%, there was a duty of care to prevent the parked vehicle from being pushed down under the right below the right of the vehicle, such as taking bald balkes, etc. to the person engaged in driving duty in such a case.

Nevertheless, the Defendant neglected this and took part in the middle of the vehicle, thereby divingd in the vehicle in a slope, and pushed down the vehicle from the slope to the slope, and was placed in the front of the victim D's rocketing driving, which took place on the top of the same top-down line, by negligence in the course of duty, as the latter part of the Defendant's vehicle.

Ultimately, the Defendant, by the above occupational negligence, committed the injury to the victim D(27 years old) and the victim FF (22 years old), who was on the top of the instant rocketing car operation, and suffered from the injury to the climatic salt, etc. in need of approximately two weeks of medical treatment, and, at the same time, did not stop the said rocketing while destroying the said KRW 589,818 for repair costs, and escaped without taking necessary measures, such as providing rescue to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident involving D;

1. The actual condition survey report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of Blue Images Image Data);

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 (the point of failing to take measures after destroying and damaging property);

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

1. Selection of the penalty;

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