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(영문) 대구지방법원 서부지원 2018.05.30 2017고단2557

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 engaged in driving a motor vehicle B with detached motor vehicles.

On June 28, 2017, around 08:30, the Defendant moved along the four-lane 4 lane from the fourth-distance side to the South Daegu IC on a two-lane road from the fourth-lane side of this Ri, and changed the lanes to the two-lane.

At all times, there is a duty of care to accurately operate the steering direction and operating system, secure a sufficient safety distance, and prevent accidents in advance by changing the lanes, since the D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Nevertheless, the defendant was negligent in driving a vehicle in the vicinity of the victim's right-hand part of the lurged passenger vehicle due to the negligence of driving the vehicle in the vicinity of the victim's right-hand part of the lurged passenger vehicle.

Ultimately, the Defendant got about three weeks of medical treatment due to the above occupational negligence to the victim, and at the same time, escaped without taking measures, such as providing relief to the victim, even though he damaged the back of the victim's lurged vehicle to have an amount equivalent to KRW 580,259.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. A detailed statement, etc. of automobile inspection and maintenance;

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

1. Article 5-3 (1) 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;

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. Order to attend lectures and order to provide community service: Article 62-2 of the Criminal Act;