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(영문) 대구지방법원 안동지원 2013.07.02 2013고단145

특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 26, 2013, the Defendant driven the above car and made it left at the intersection of the Pacific Contracting State located in Ansan-dong, Andong-si. at the Gu.Yho-ho Elementary School, the Defendant came to turn to the left in the direction of the new market at the new market.

In such cases, since the place is an intersection where traffic is not controlled, there was a duty of care to yield the course of the vehicle if there is another vehicle in the direct operation or temporary suspension prior to the entry.

Nevertheless, the defendant neglected to turn to the left as it is, by negligence, received the part of the right side of the D Poter which the victim C(27 years old) drives in the right direction from the left side of the running direction of the defendant's vehicle as the front part of the defendant's vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the repair cost of KRW 199,00, such as the injury of the light and the base salt in need of approximately two weeks of treatment, and the exchange of postlights, and escaped without immediately stopping and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on actual condition investigation, a medical certificate, and a written estimate;

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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that does not seem to have serious damage to the victim; Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1