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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단409
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 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 B-learning car.

On May 14, 2017, the Defendant driven the above car at around 22:13, and driven the front road to the intersection of the west Hong-gun, Hong-gun, Hongsung-gun, by driving it along about 60km each hour at a speed of about 60km depending on the two lanes, from the breadth to the breadth of the tunnel.

At the time, at night, the center line of yellow solid lines and the center line are installed, so there was a duty of care to reduce the speed to those engaged in driving, properly operate the steering gear and accurately, and to proceed to the right side of the center line.

Nevertheless, the Defendant neglected this and proceeded along the left side of the median line and did not live well, and caused the Defendant’s disturbance of driving C(W, 68 years old) of the victim C (W, f8 years old) who was going to go to the luminous intersection from the north side of the tunnel to the luminous intersection by the Defendant’s failure to avoid the car, and received the part of the driver’s length in front of the left side of the driver’s vehicle.

As a result, the Defendant suffered injury to the victim, such as finite finites requiring treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant fleded the car to the extent that the repair cost equivalent to KRW 16,887,048 was damaged to the extent that the car was damaged, without taking necessary measures, such as aiding the damaged person by stopping the car immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (the act of failing to take measures after the damage of property)

1.Article 40 of the Criminal Code of Trade and Trade.

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