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(영문) 대구지방법원 2017.04.20 2017고단438

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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 CM3 car.

On December 10, 2016, the Defendant driven the above car at around 08:28, and led the E-type and the front road located in D at Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si.

In such cases, the driver has a duty of care to take the front and left side well and to prevent accidents in advance by accurately operating steering steering devices and brakes.

Nevertheless, the Defendant was negligent in neglecting this and driving by negligence before the Defendant’s driving direction, thereby driving the victim F(45 years) who was in the front of the signal waiting in front of the Defendant’s driving direction, GM5 car driving by the Defendant.

Ultimately, the Defendant, by occupational negligence, destroyed the said SM5 car to repair KRW 628,201, and, at the same time, did not immediately stop the victim and run away without taking necessary measures, such as providing relief to the victim, even though he suffered around two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of the written estimate statutes;

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) 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 Act [the scope of recommended punishment] - In the event that a minor injury occurs (one month to one year) in the area of special mitigation (one year to three months), the area of special mitigation (one year to one year) - (including a special mitigation person) - [including a serious effort to recover damage] - unfavorable circumstances: the decision of sentence].