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(영문) 대전지방법원 천안지원 2016.12.27 2016고단2120
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

At around 04:52 on August 31, 2016, the Defendant moved the distance prior to the Ministry of Labor located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the shooting distance of modern automobiles from the room of a sexually fixed post office to the shooting distance of modern automobiles.

At the time, the front door door door door door door door door door door door door door door door door door and milch door door door door door door door, which is installed with signal, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the front door door well, such as accurately operating the steering wheel, steering wheel, and brakes.

Nevertheless, the Defendant neglected the above duty of care and was in front of the left-hand side of the Defendant’s driving of the victim C(57 years of age) driveed from the right-hand side of the two-dong Hyundai Motor Distance from the right-hand side of the two-dong Hyundai Motor Vehicle in the middle of the Yan-dong, by neglecting the above duty of care.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the above victim requiring medical treatment for about four weeks, such as cutting down the left-hand aggregate, etc., and at the same time, destroyed the above taxi owned by Bocheon-si to have approximately KRW 5,060,718 of the repair cost, and escaped without immediately stopping the taxi and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Written estimate;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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