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(영문) 대구지방법원 경주지원 2019.09.11 2019고단330
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for 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 BM5 car.

On June 6, 2019, the Defendant driven the above car at around 05:43, and opened the private-distance intersection where the signal, etc. is installed in front of the bus terminal in front of the race of the race of the racing at the time of the race of the racing at the speed of about 60-70km each other at the speed of about 60-70km each other at the speed of 3 lanes from the efficienzy side.

At the same time, there was a duty of care to prevent traffic accidents in advance by driving safely according to the new code to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and took part of the front right part of the victim D(the age of 47) driving, which was proceeding directly from the c elementary school located on the right side of the defendant's running direction, to the long-distance side of the village of the Young Village, due to negligence in the course of the red signal, in violation of the signal.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury to the victim, such as catum catum, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the catus to take necessary measures, such as providing relief to the victim, even though the said catus was damaged to the extent that it would amount to KRW 15,58,650.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. 범죄사실에 대한 해당법조 특정범죄 가중처벌 등에 관한 법률 제5조�3 제1항 제2호, 형법 제268조(도주치상의 점), 도로교통법 제148조, 제54조 제1항(사고후미조치의 점)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

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

1. Article 62(1) of the Criminal Act:

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