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(영문) 대구지방법원 2017.10.19 2017고단4665
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 who drives a BM 5 car.

On July 26, 2017, the Defendant driven the above car at a speed of about 50km in speed from the middle parallel to the middle parallel, with a new high-speed road in the south-gu, Daegu-gu. The Defendant driven the said car at a speed of about 50km in speed.

A person engaged in driving of a motor vehicle has a duty of care to clarify the front hour, accurately manipulate the steering direction and brake system, and prevent accidents from occurring.

Nevertheless, the Defendant neglected this and continued to drive the victim C(50) driving by negligence prior to the trial, and received the back part of the car as the front part of the Defendant’s car.

As a result, the Defendant: (a) caused the injury to the victim E (52) who was on board the said C in need of approximately three weeks of medical treatment; (b) caused the victim F (52) who was on the same vehicle to suffer about six weeks of medical treatment; (c) at the same time, the Defendant borrowed the said car so that the repair cost of approximately KRW 705,528 of the said car would be damaged by the back panion and run away without immediately stopping the vehicle; and (d) even if the repair cost of approximately KRW 705,528 of the car would be damaged by the back panion, etc., the Defendant failed to take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and E;

1. Each written diagnosis;

1. Application of the written estimate 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 damage to property) of the relevant Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures - Unfavorable circumstances: the defendant is involved in traffic accidents.

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