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(영문) 대구지방법원 서부지원 2013.03.26 2013고단219
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

except that 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

The defendant is a person who is engaged in driving a Hegel car.

Around 05:50 on January 30, 2013, the Defendant driven the said car and proceeded ahead of the space pharmacy, which is located in the Seoul Western-gu, Seogu, Daegu, with a speed of about 20 kilometers from the two lanes to the reduction middle school.

Since there is a center line of yellow solid lines, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected this and neglected to turn to the right from the center line to the space pharmacy by the negligence of the left-hand turn, and received the front-hand part of the victim C(W, 62 years old) driving with the front-hand part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as cutting down or closing a drilling that requires treatment for about eight weeks, but did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with prison labor;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the agreement with the victim, and the Defendant’s prior to the instant case without any previous conviction and reflects it).

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