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(영문) 대구지방법원 2017.07.13 2015고단3710
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 rocketing car.

On February 10, 2009, the Defendant driven the above vehicle at around 18:25, and driven the front road of the “E main store” located in Daegu Suwon-gu D from a desired intersection to the large-wing intersection of the road at about 60km each hour according to the two lanes of the way.

A person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, the Defendant neglected to do so and continued to drive GMW car in the same direction as that of the victim F (n, 44 years old) driving prior to the same direction, and was charged with the front part of the said vehicle. Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim, such as “brain sugar,” which requires approximately two weeks of medical treatment, and attempted to flee without immediately stopping the vehicle to take necessary measures, even though the Defendant destroyed the damaged vehicle to require approximately KRW 5,195,68 of repair cost, such as exchange of pans, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a survey report, a diagnosis report, and a quotation;

1. Article 5-3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 9919, Jan. 1, 2010); Article 268 of the Criminal Act (amended by Act No. 9580, Apr. 1, 2009); Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 9580, Apr. 1, 2009) concerning criminal facts

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

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