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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1177

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 has been engaged in driving a Csch Rexton car.

On January 19, 2017, the Defendant driven the above car at around 00:10, and proceeded ahead of the road D in Daegu-gu, Seogu to E-section from the parkside.

Since the place is not divided into a sidewalk and a roadway, it has a duty of care to ensure safe operation by checking the safety of the course and accurately operating the steering direction and brake system while driving the front side and the right side well.

Nevertheless, the defendant's negligence of failing to perform his duty at the front of the car, which was driven by the victim F (F, E, 54 years old) who was stopped on the road A while driving by the victim F (F, E, 54 years old), was shocked by the front door of the car at the GV city.

As a result, the Defendant suffered from an injury to the above victim by occupational negligence during approximately two weeks of medical treatment, and at the same time, did not immediately stop the above damaged passenger vehicle so that the above damaged passenger vehicle can be damaged by approximately KRW 1,326,873, and did not take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis and written estimate;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report on the scene of the traffic accident, a photo of the damaged vehicle, a photograph of the damaged vehicle, and a criminal investigation report (Evidence List 16, 19,

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 (the point of failing to take measures after the accident)

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 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] - Type 1 (the escape after injury) after traffic accident.