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(영문) 대구지방법원 서부지원 2018.08.08 2018고단257
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing taxi.

On January 2, 2018, the Defendant driven the above taxi at a speed of about 60 km from the two kinds on the side of the four-lanes before death to the four-lanes from the Daegu Seo-gu, Seo-gu, which led to a speed of about 60 km in speed.

At this point, since it is an intersection where signal, etc. is installed, there was a duty of care to check the signal to a person engaged in driving service and prevent accidents by safely driving the signal in accordance with the signals.

Nevertheless, when the Defendant neglected to turn to the left due to negligence in violation of the left-hand turn signal, the Defendant received the part back to the right-hand part of the victim C(55) drive 1, which was going to the right-hand part of the two categories, following the victim C (55 ) driving on the fourth line of the two categories, from the right-hand part of the other taxi.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the right shoulder, which requires treatment of approximately two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the Defendant destroyed the said D Launa taxi to use the 2,487,439 won, such as the exchange of pansa taxi, and then, destroyed the 2,487,439 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. After the defendant suffered an accident due to drinking alcohol (less than 0.05% in drinking volume) for the reason of sentencing Article 62-2 of the Criminal Act.

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