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(영문) 대구지방법원 2018.04.12 2018고단532

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 car of the C Car of Kaen Fel.

On January 16, 2018, the Defendant driven the above car at around 06:36, and driven the front road in Daegu-gu D from the south-gu, Nam-gu, the Defendant driven the front road at a non-speed speed, depending on one-lane distance from the south-gu, Nam-gu, the south-gu, Seoul.

At the time, there was a signal waiting vehicle in the front door, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering room and the right and the right and the right and the right and the right of the driver, and by accurately operating the steering gear.

Nevertheless, by negligence, the Defendant neglected this and went into operation, and attempted to stop without taking measures such as providing relief to the injured party, while taking part of the back part of the passenger f(59) in the front part of the Defendant’s vehicle in front of the Defendant’s vehicle into the front part of the Defendant’s vehicle, thereby causing about three-day medical treatment to the injured party, and at the same time, destroying the damaged vehicle so that its repair costs are equal to the amount of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report and a certificate of acceptance of automobile-scrapping;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scenes and damaged vehicles photographs;

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. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Criminal Act / In the event that a minor injury occurs in the area of special mitigation (from March to one year), the area of special mitigation (the person with special mitigation) / [the person with special mitigation] (the types 1 and 2), and the non-permanent sources of punishment (the purpose of restoring