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(영문) 대구지방법원 포항지원 2017.12.20 2017고단1353

특정범죄가중처벌등에관한법률위반(도주치상)등

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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

[Criminal record] On August 23, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. and two years of suspended execution, and the above judgment became final and conclusive on August 31, 2017.

[Criminal facts] The Defendant is a person engaged in driving a B-learning car.

On June 22, 2017, the Defendant driven the above car at around 21:20, and led to the left turn to the left turn on the two-lanes between the two-lanes of the “intersection of the same bridge” located near the intersection of the 235-lane in the north-gu, north-gu, west at the port.

A driver of a motor vehicle operating an intersection has a duty of care to safely drive the brake and steering gear at the designated lane by entering the lane in advance and operating it.

Nevertheless, the Defendant neglected to drive the vehicle and received the front part of the victim C(59) driving, which was going directly from the right edge and the right edge in the same direction as the other hand-on vehicle, following the left side of the Defendant’s vehicle, and received the front part of the victim C(59) driving.

Ultimately, the Defendant, by the foregoing negligence, immediately stopped the victim C with the need for medical treatment for about 10 days, and other injuries, such as catum catum salt, etc., and escaped without taking measures such as providing rescue to the victims E (the victims 63 years old), who are taxi passengers, for approximately 2 weeks of treatment. At the same time, the Defendant sustained injuries such as c48,720 won of repair catum, while destroying the front right part of the damaged vehicle to 348,720 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (limited to concurrent crimes after Article 37 of the Criminal Act), by statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.