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(영문) 대구지방법원 서부지원 2018.12.07 2018고단1437
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 driven a C observer car.

On April 22, 2018, the Defendant driven the above car on April 19:54, and led the three-lane road in front of the Seogu Seo-gu Fire Station, Seogu 7-dong, Seogu, Seoul, to proceed at a non-speed speed, depending on the four-lane four-lane distance slope from the horizontal four-distance distance slope.

At this point, the center line is installed in the separation of yellow solid lines and curbstones. In such a case, there was a duty of care to thoroughly operate the driver in the front line and to safely operate the car line.

Nevertheless, the Defendant was negligent in driving the center line by neglecting it, and the victim D, who was driving at the opposite lane, was driven by the victim D with one lane, and received the left-hand side of the Erop vehicle, the rear door, and the Crick part before the left-hand side of the Defendant D's car.

As a result, the Defendant suffered injury to the victim, such as bones, bones salt, etc. requiring treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant, while destroying and damaging the said vehicle to bring about approximately KRW 3,920,518, such as the exchange of the front offender, failed to take necessary measures, such as stopping and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Each chassis, each vehicle photograph;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on an investigation (specific suspect), a report on an investigation (related to the locking of damaged vehicles), and a report on an investigation (on-site investigation);

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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act:

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