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(영문) 대구지방법원 서부지원 2015.08.13 2015고단988
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 8, 2015, the Defendant driving a BKan-Paon car at around 02:20, and driving the front side of the BKan-gu, Seogu, Seo-gu, with the two-lane distance from the two-lane boundary to the two-lane distance.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately maintaining the safety distance with the motor vehicle ahead, accurately operating the steering gear and brakes, controlling the speed in advance, and safely operating the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of the victim C&3 car driving by the victim C(31 years of age) who was left to the left in the opposite direction due to a sudden negligence in violation of the signal, in front of the left part of the vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt, tension, etc. of the bones of trees, which requires medical treatment for about two weeks, and at the same time, avoided the said SM3 car to take repair costs of KRW 8,356,558, such as replacement of the front driver, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

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

1. A written estimate for an investigation report;

1. Application of accident-related photographs and diagnostic documents-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Traffic accidents by negligence by the defendant for the reason of sentencing Article 62-2 of the Criminal Act.

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