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(영문) 대구지방법원 서부지원 2014.09.05 2014고단827
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at B Pod Furd Furt.

On April 7, 2014, at approximately 02:40, the Defendant moved to the right bypassing a road of about 70 km from the opposite side of the Bank of Korea, one way ahead of the other bank in the Seo-gu, Seogu, Seo-gu, Daegu to about 70 km per hour, depending on the first way.

Since there is an intersection that combines with a straight lane, there was a duty of care to temporarily stop in the stop line before the right of way to the driver of the vehicle, to pay attention to the vehicle using the straight lane, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and took part of the victim C(54 years old) driver’s right side of the victim C(54 years old) who was going straight along two-lanes from the direction of the Southern Lene-distance Park as it was due to negligence before the right side of the said Pound.

As a result, the Defendant suffered injuries, such as the left-hand chests and 3, 4, 5 cages at 10,05,148 Won, which require approximately six weeks of medical treatment, and also escaped without taking necessary measures, such as immediately stopping the said rocketing taxi to the extent that there are about 10,05,148 won of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. On-site photographs;

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

1. Article 5-3 (1) 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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) (i.e., Supreme Court Decision 201Do128, Apr.

1. Order of community service;

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