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(영문) 대전지방법원 천안지원 2017.03.17 2016고단2761
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment against the accused shall be determined by nine months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the C SP area.

On October 11, 2016, the Defendant driven the above car at around 20:15, and passed the intersection in front of the E cafeteria located in AsanD at the right turn from the direction of the sound grade to the left turn.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by safely driving the driver, such as making it possible for the driver to live well on the right and the right, and passing through the intersection in accordance with the signals.

Nevertheless, the Defendant neglected this and went through the above intersection by failing to make a left turn while passing through the above intersection. The Defendant received the front section of the victim F(30 years old) G G-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-W

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim, such as brain-dead sugar, which does not have any room in the two main bodies in need of treatment for the two weeks open, and attempted to flee without taking measures such as aiding and abetting the damaged party by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting of a traffic accident (1) (2);

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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 occupation of a person causing injury or injury to his/her duty) and Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure to prevent injury or injury to his/her duty) concerning the crime;

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

1. Selection of alternative abandonment of punishment;

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 order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Bearing the costs of lawsuit;

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