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(영문) 대구지방법원 서부지원 2017.05.19 2016고단2836
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 1, 2016, at around 05:55, the Defendant driven a CMast Motor Vehicle and driven a three-lane road in the Seogugu-gu, Daegu, Seo-gu, along one-lane, driven the road along the middle four-lane distance from the ethical four-lane.

Since there is a road where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to thoroughly see the front line and safely drive the motor vehicle with the duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and got the front part of the Victim F.F.(69) drive Gunst Pacific Cargo, which was driven along the two-lane distance from the center line by the negligence of driving the center line, in the direction of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as salt scams, which requires two weeks of medical treatment, and at the same time, did not take measures, such as aiding the victim, even though the Defendant damaged the strawing cargo vehicle to be repaired in an amount equivalent to KRW 2,919,000.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

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 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. Considerations such as the agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act and the fact that health is not good;

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