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(영문) 대구지방법원 김천지원 2018.10.23 2018고단635
특정범죄가중처벌등에관한법률위반(도주치상)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving a cub car in B.

On May 2, 2018, the Defendant driven the above car at around 23:30 on May 2, 2018, and led to the flow of the road above that of the new school located in the Dongsan-si in the Gu-si.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering system and steering the steering system.

Nevertheless, due to the negligence of neglecting this, the victim C(W, 37 years old) who was driving a one-lane in the same direction, and then received the part on the right-hand side of the vehicle driving by the defendant.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., of the bones of trees, which requires medical treatment for about two weeks, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

2. The Defendant violated the Road Traffic Act (after-accident), as described in paragraph 1, did not immediately stop a vehicle and take necessary measures, such as checking damage situations, even though he received a D SP car, which is owned by E, and damaged the above vehicle in an amount equivalent to KRW 3.5 million in the market value due to a damage, etc. to the right-hand wheel, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A medical certificate;

1. Copy of a certificate of automobile-scrapping;

1. Application of Acts and subordinate statutes of the scene of an accident, each photograph, image, and image;

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

1. The Commercial Concurrent Crimes Act.

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