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(영문) 대구지방법원 경주지원 2018.10.18 2018고단593

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 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 of Cknife vehicle.

On July 5, 2018, at around 23:04, the Defendant, at around 23:04, proceeded with a road of 1 Do in front of the E convenience store located D, KCC Switzerland, the second apartment room located in the front of the apartment of the KCC Switzerland, with a speed of about 30 km from the front of the apartment of the KCC Switzerland.

At the same time, there was a special duty of care to temporarily stop the Defendant, who is engaged in driving duties, before entering the intersection, and safely enter the right and the right before and after the intersection and prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and did not temporarily stop and did not enter the intersection in violation of the signal, and received the full part of the victim F (27 years old)'s Garburged car from the front side of the KCC Switzerland apartment house in the front side of the KCC Switzerland's apartment house to the above intersection as Skib, and received the back part of the passenger vehicle's car.

As a result, the Defendant got knee knee knee knee knee knee knee knee knee knee kne knee knee knee knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A survey report on actual conditions;

1. Statement of opinion;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (the point of non-measures after the injury from duty) 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) of the Criminal Act for mitigation of amount;