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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1519
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 CMW car.

On June 16, 2017, the Defendant driving the said vehicle on the front side of the agricultural village of the Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, and driving the said vehicle toward the two-way direction from the bus-dong side.

Since the place is a place where a signal apparatus is installed, the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to maintain the appropriate distance from the motor vehicle being driven ahead by accurately manipulating the steering gear and brake system of the motor vehicle and to safely drive it.

Nevertheless, the Defendant neglected his duty on the front side and failed to maintain the safety distance by neglecting it, thereby resulting in the injury of the victim D (the 45-year-old E-ray of the instant vehicle due to the shock of the criminal part behind the left side of the said vehicle, resulting in the injury of the said victim by the clicked clocks, etc. requiring two-day medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the said vehicle, even though it damages the said vehicle in excess of KRW 2,283,686.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. The actual survey report and photographs;

1. Photographss and photographs showing black stuffs;

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 point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order [the scope of recommended punishment] of the Criminal Act [the scope of escape] occurrence of minor injury in the area of special mitigation (3 months to one year) (the person who has been specially mitigated] after traffic accidents.

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