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(영문) 대구지방법원 2016.01.21 2015고단5752
특정범죄가중처벌등에관한법률위반(도주차량)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 engaging in driving a BG car.

On November 7, 2015, the Defendant driven the above car at around 00:55, and led the front road of the Gyeongbuk-gun building Samsung to the intersection from the west to the intersection.

At the time, since the vehicle is at night and is in the front of the defendant's moving direction, there was a duty of care to prevent the accident by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and got off the left side of the said vehicle of the victim D(51) (S) driven by the victim D(51) who was driven in the front of the Defendant, and was driven by the Defendant in the front of the right side of the wife of the TG passenger by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the Defendant’s base and tensions that require approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, even though the repair cost of KRW 1,475,628, such as the softening of the softener, was damaged to the extent that the repair cost of KRW 1,475,628, such as the softener.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and 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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. Application of the sentencing criteria;

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