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(영문) 대전지방법원 2018.04.17 2017고단4929
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 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 three-dimensional car as his duties.

On December 03, 2017, the Defendant driven the above car at around 01:25, and got left at a speed of about 40 km for the left-hand high school at the right-hand side of the left-hand side by the intersection of the road of 3-lane 40 km from the surface of the mouth of the Daejeon Pungdong-gu to the surface of the mouth of the rocks.

In this place, the signal apparatus is installed, and there is a regulation sign prohibiting left-hand turn on the side of the signal apparatus, so there was a duty of care to safely drive the accident according to the signal and instruction and prevent the accident from smoke.

Nevertheless, the defendant, by negligence of disregarding the left left-hand turn and neglecting the notice of prohibition of left-hand turn, conflict with the part of the victim's front right-hand side of the passenger taxi operated by the victim F (58 tax) who is driven by the victim F (58 tax) who is driving in the basin of the hot spring station in the city of Maman-guam.

As a result, the Defendant suffered injury to the victim, such as a tree and Huuri, which requires approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant destroyed the victim’s main taxi part, etc. of the repair cost of KRW 7,167,968, and escaped without necessary measures, such as rescue of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

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 occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of escape after damage and injury) and selection of imprisonment with prison labor as to the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] for the order to attend a lecture and the order to provide community service shall be one type of escape after traffic accidents.

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