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(영문) 대구지방법원 상주지원 2016.10.18 2016고단267
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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 engaged in driving a bus vehicle.

The defendant, around 06:40 on December 21, 2015, shall drive the above vehicle and drive the vehicle at one lane from the place from which he/she resides to from the place from the place from which he/she resides to the city of literature.

Two-lanes have been operated at the accident site.

At the time, the location is the three-lane national highways of two lanes, and the vehicle traffic has been frequent at the time of the accident, and after the accident, the road was constructed, and the traffic accident occurred on the front side of the accident vehicle's moving direction, so the driver of the vehicle was engaged in driving, and therefore, the driver of the vehicle has a duty of care to check and proceed with the safety by checking the traffic conditions on the front side and right side, and prevent the accident.

Nevertheless, in order to prevent the second accident by negligence when the defendant neglected this and operated the front bank as it is without properly examining it, the defendant tried to find the victim E (53 years old) who was leading the driving of the rear vehicle at the right edge of the two-lane road in the direction of the vehicle driving in order to find it late, thereby causing the same threat that the victim would conflict with the bus of the defendant.

Ultimately, the Defendant, by the above occupational negligence, escaped without taking any measures, such as aiding the victim at the site, even though he suffered injuries, such as dynasium and dynasium, including four or more cages, which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, accident site photograph, diagnosis certificate, and investigation report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Suspension of execution;

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