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(영문) 대구지방법원 포항지원 2017.07.05 2017고단540
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On February 14, 2017, 18:10, the Defendant moved ahead of a new bank of 1271 in the north-gu as the new year in the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the two-lanes of the two-lanes in the north-gu, the north-gu, the north-gu, and the two-lanes of the two-lanes in the north-gu, the two-lanes of the two-lanes.

At the same time, since the victim C's DNA truck was in progress at the same time, there was a duty of care to safely change the lanes and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and neglected to change the lane, and caused the collision with the part on the right side of the damaged truck, which was going before the Defendant’s front, with the part on the left side of the Defendant’s vehicle.

결국 피고인은 위와 같은 업무상 과실로 위 피해자와 동승 자인 피해자 E에게 2 주간의 치료가 필요한 요추의 염좌 및 긴장의 상해를, 피해자 F에게 1 주간의 치료가 필요한 야제( 夜啼) 등의 상해를, 피해자 G에게 치료기간 미 상의 고관절의 염좌 및 긴장 등의 상해를 각각 입게 함과 동시에 피해차량을 적재함 옆문 판금 등 수리비 259,774원 상당이 들도록 손괴하였음에도 곧 정차하여 피해자들을 구호하는 등의 조치를 취하지 아니하고 그대로 도주하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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. Suspension of execution;

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