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(영문) 대구지방법원 2018.07.26 2018고단2018

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low typ.

On April 6, 2018, the Defendant continued to run a road in front of the E Hospital D, which is located in the Gancheon-gun, Gandong Island around 09:18, with the view of the Linish Police Station, which is located in the Linish basin.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting speed in advance.

Nevertheless, the Defendant neglected to do so and proceeds by negligence, and received the back door on the left-hand side of the G MH car of F(39) driving from the Defendant as the front-hand part of the passenger car.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim H (the age of 76) who was trying to open and get off the back of the passenger car in the course of the course of the accident, to suffer injuries, such as the string of the bridges and other strings of the bridges, and the string of the strings of the 2 week medical treatment. At the same time, even though the 297,262 won was damaged to repair the said string car owned by the victim I, the Defendant immediately stopped the car and driven the car at a rapid speed without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A survey report on actual conditions;

1. Medical certificate (H);

1. Written estimate of general repair expenses;

1. An investigation report (a photo and CD attachment by cutting a black stuffe image);

1. Application of Acts and subordinate statutes of the next Inquiry Agency (F);

1. Article 5-3 subparag. 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. Along with the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the fact that there was an agreement with the victim H; and (c) the Defendant’s seal