logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.08.04 2016고단1027
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 a period of 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 BM3 car.

On April 17, 2016, the Defendant driven the above car on April 17, 2016, and proceeded to the four-distance intersection of the foreign exchange bank in the Daegu-gu merchant Dong-gu, Daegu-gu, with the flow of the four-distance intersection from the four-distance boundary of the merchant.

Since the location is an intersection where a signal is installed, there was a duty of care to observe the signal, to see the right and the right of the driver of the motor vehicle well, and to proceed with it after checking the safety of the way.

Nevertheless, due to the negligence that the Defendant neglected this and immediately proceeded in violation of the red signal, the Defendant received the part on the left side of the victim C driver's DFD car, which was going to the four-distance away side of the large market from the elementary school room in the month, as the front part of the above SM3 car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light fluoral salt, which requires approximately two weeks of medical treatment. At the same time, the Defendant, while destroying the said fluor’s car so that the repair cost would amount to approximately KRW 3,811,487, did not immediately stop and escape without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

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

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

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. 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. Article 62(1) of the Criminal Act (a) provides that the victim’s attitude to make a confession and reflect on his or her gender appears, and the degree of injury to the victim is relatively relatively.

arrow