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(영문) 대구지방법원 서부지원 2017.04.20 2016고단2813

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 is a person engaging in driving a rocketing car.

On September 19, 2016, the Defendant driven the above car on the 12:35th day of September 19, 2016, and led to the flow from the border distance in the Seo-gu, Seogu, Seo-gu, and the area of the mountain.

At the time, the Defendant was a dead-end vehicle for the victim C(35) driving by the victim C(35) in the direction adjacent to the road on which the Defendant intends to make a right-hand, so in such a case, the driver of the vehicle has a duty of care to make a right-hand while driving along the right-hand side of the road after checking the right-hand side and the right-hand side before the right-hand.

Nevertheless, the Defendant neglected this and received the front part of the SM3 car, which was driven in accordance with the U.S. New Code, by negligence, along the two-lanes of the three-lanes of the three-lanes, from the right-hand part of the said SM3 car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions in need of treatment for about two weeks, and, at the same time, escaped without taking measures, such as aiding the victim, even though the Defendant damaged the cM3 car's pans, etc. to have an amount equivalent to KRW 619,512.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police against C;

1. Medical certificates and medical records;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, an accident scene photograph, a tea inquiry, a estimate for maintenance of motor vehicle inspection, and a written investigation report;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

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

1. Selection of the penalty;