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(영문) 대구지방법원 2021.03.18 2020고단6569

특정범죄가중처벌등에관한법률위반(도주치상)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 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 driving a BMW 520d car.

On November 20, 2020, the Defendant driven the above car at around 21:35, and continued the intersection in front of the Sinsan City to the temporary parking lot of the Sinsan City at the D level.

Since this place is adjacent to an intersection where the passage of a vehicle is frequent, a person engaged in driving a motor vehicle has a duty of care to temporarily stop or yield the vehicle in order to prevent an accident while driving the steering gear and brakes in a safe manner by accurately operating the steering gear and brakes, and to temporarily stop or yield the vehicle so as not to obstruct the passage of other vehicles.

Nevertheless, the Defendant neglected to do so and proceeded on the part of the victim F.(59) who was on the right side of the G rocketing taxi driven by the Defendant F.(59).

Ultimately, the Defendant, by the above occupational negligence, sustained bodily injury to the victim during approximately two weeks of medical treatment, and at the same time escaped without immediately stopping and providing relief to the victim, even though the Defendant destroyed the above rocketing taxi to the extent that the 3,490,818 won, such as the shot shot shot shot shot shot shot shots were destroyed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant's error on the grounds of sentencing in Article 62-2 of the Criminal Act is not minor, the defendant is not guilty.