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(영문) 대전지방법원 2017.01.18 2016고단4123
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 of Bchip motor vehicles.

On September 17, 2016, the Defendant driven the above car on September 21, 2016, and driven the road of five lanes of the old middle-distance in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu along the one-lane from the front-speed roadway to the front-speed side.

There are three-distance crossings where signal lights are installed, and at the same time, there was a duty of care to prevent accidents by accurately operating the steering gear and brake system of the vehicle in such a case, and driving safely by checking the traffic signals in front and in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim C (37 tax) who was in the atmosphere of the signal while driving in front of the direction of the Defendant’s proceeding, and the Defendant was driven by the lower part of the Ding MK car, which was driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim C’s cat, etc. in light of the cathere in need of approximately two weeks of medical treatment, suffered from the injury of the victim E (the cat, 33 years of age) who is the passenger of the said MK car, on both sides, requiring approximately two weeks of medical treatment, and escaped without taking necessary measures, such as destroying the said MK car to the extent that the repair cost of KRW 2,102,60 is equivalent to KRW 2,100.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A survey report on actual condition and photographs of an accident vehicle;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 Criminal Act of the Commercial Competition;

1. Punishment;

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