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(영문) 대구지방법원 2017.01.12 2016고단4196

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 is engaged in the operation of a dump truck.

On April 30, 2016, the Defendant driven the above truck on April 15:59, and changed the course to three-lanes while driving the two-lanes of the four-lanes in front of the “E” restaurant located in Daegu Northern-gu D from the horizontal distance of the Susan Suwon-gu.

In case of changing a lane, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and preventing accidents after operating a direction direction, etc. in order to give notice of change of course, and properly manipulating the steering gear before and after the change of the lane.

Nevertheless, the Defendant neglected to do so and neglected his duty on the right side of the front side, and neglected to change the three-lanes in the same direction, and received the left-hand part of the G driving of the Victim F (F) who was proceeding the three-lanes in the same direction, as the right-hand part of the said truck.

Ultimately, Defendant 1 suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence, and at the same time, Defendant 2 escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the injured party, even if it damages the 3,853,550 won of the repair cost to the left-hand side of the said franchise.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes to survey the actual condition, a written diagnosis, a quotation, photographs of damaged vehicles, and photographs of damaged vehicles;

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 the injury from duty) and 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) of the Criminal Act for mitigation of amount;