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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1398
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 drives a bend or a car.

On May 9, 2017, around 15:40, the Defendant proceeded along the four-lane road in front of the four-lane Mat-dong, Asan City Pungdong, along the two-lanes from the surface of the riverside to the surface of the Asan City bus terminal.

At the time, there was a vehicle in the front of the defendant's driving direction, so in such a case, there was a duty of care to safely stop the vehicle by securing the safety distance from the front vehicle to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected such duty of care and failed to secure the safety distance, thereby proceeding ahead of the same direction. The Defendant received the back part of the D SP car driving 59 years old, from the front part of the Defendant’s vehicle.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis and written estimate of general repair expenses;

1. Reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] minor injury or non-existence of punishment in the area of special mitigation (three months to one year) (a person subject to special mitigation] after traffic accidents;

2. In this case, the sentence of sentence is that the defendant escaped without fulfilling all necessary measures after causing a traffic accident, and the nature of the crime is not good.

The Defendant is also related to traffic in the past.

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