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(영문) 대구지방법원 2018.10.05 2018고단3059
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 28, 2018, the Defendant driven the above taxi on March 20, 2018, and led the front intersection of D in Daegu Dong-gu C along the four-lanes between the four-lanes from the four-lanes from the four-lanes from the four-lanes from each mountain basin to the four-lanes from the four-lanes.

At the time, since it is an intersection where a signal apparatus is installed at night and at that time, it was confirmed whether a person engaged in driving service has a vehicle to reduce the speed and to check the right and the right and the right and the right and the right and the duty of care to safely drive according to the new subparagraph.

Nevertheless, by negligence in contravention of the signal, the defendant she got off the victim F (W, 49 years old) who is driving from the fourth line to the E church in accordance with the signals from the direction of the E church (W, the 49 years old), after taking the pentel part of the Gysta car driven by the defendant n's vehicle into the front part of the defendant n's vehicle for about four weeks, suffered injuries, including three gate cages in need of approximately four weeks of treatment, and also escaped without taking necessary measures, such as immediately stopping the damaged vehicle to ensure that its repair cost 2,528,928 won, such as the exchange of the front licker, etc., is damaged and the damaged vehicle is destroyed to the extent that it does not immediately stop and rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis and written estimate;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

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