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(영문) 대구지방법원 2012.09.27 2012고단4275

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 12, 2012, the Defendant driven the said car on May 18:13, 2012, while driving the said car and driving the three-lane intersection in front of the home fluor in the Dongcheon-dong, Daegu, Seocheon-gu, along four-lanes of the two-lanes, in the direction of the Jin apartment in the direction of the intersection, and changed the lanes into three-lanes.

In this case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the car line in the future and the future by properly examining the traffic situation of the future and the future.

Nevertheless, the defendant neglected this and led the victim D (the age of 51) driving that was proceeding in three lanes of the same direction due to the negligence of changing the car line to the left-hand side of the defendant's car, which led the victim D(the age of 51) driving to the front-hand side of the driver's car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the light finite in need of treatment for about two weeks, and at the same time escaped without immediately stopping the victim’s taxi and taking necessary measures, such as providing relief to the victim, even though the 541,772 taxi was damaged to repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. A traffic accident report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property by negligence);

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

1. Selection of punishment and limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion of an order to provide community service and to attend a law-abiding lecture.