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(영문) 대전지방법원 논산지원 2017.05.12 2017고단18
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 of a car B. A.D.

On November 30, 2016, the Defendant driven the above car at around 21:55, and proceeded with D's front road at Seosan City, which is located in C, using the two-lanes of the two-lanes from the inner side of the road.

Since it is an intersection that is prohibited from passing ahead, the person engaged in driving service has a duty of care to avoid passing ahead.

Nevertheless, the Defendant neglected this and went ahead to the same one way on the other side of the victim E (n.e., 45 years old) driving, which was driven by the victim E (n.e., the 45-year-old driver) driving on the two-lane road in front of the two-lane, and changed rapidly to the first way due to the non-motor vehicle parked on the right side of the madern road, and the part behind the damaged vehicle was moved to the right side side of the Defendant’s vehicle, and again, the victim H H H co-owned by the victim G was parked on the right side of the vehicle in front of the Defendant’s vehicle and escaped, which was operated by the victim I at the time of the debate by the victim I.

Ultimately, the Defendant suffered injury to the victim E, such as light salt, which requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time destroyed the damaged vehicle’s F repair cost amounting to KRW 1,685,058, and H repair cost of the damaged vehicle, and escaped without taking necessary measures, such as destroying the property equivalent to KRW 922,00 of the repair cost of the said “K” and providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E or L;

1. A written statement of I;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. A medical certificate;

1. Written estimate;

1. An accident scene photograph;

1. Application of the Act and subordinate statutes on Report of Investigation (No. 61th of investigation records);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts (occupational duties)

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