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(영문) 대구지방법원 서부지원 2017.03.16 2016고단2622
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 is engaged in driving a C-Scar.

On August 21, 2016, the Defendant driven the above car at a speed of 40 to 50km on August 21, 2016, while driving the above car at a speed of 40 to 3 lanes, the front direction of the E-lane D, located in Daegu-gu, along the two four-lane four-lanes, from the four-lane boundary of the new horizontal distance to the four-lane boundary of the two-lane boundary, and changed the course into a three-lane.

In this case, the driver of the vehicle has a duty of care to inform the driver of the vehicle of the direction to change the course by direction, etc., and to change the course in a safe way by considering the traffic situation well.

Nevertheless, the Defendant neglected to do so and neglected to change the course and received the front pent part of the victim F (53 Dop) G G driving in the same direction from the victim F (53 Dop) G driving in the same direction, following the right side of the Defendant’s car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F by light salt and tensions requiring approximately two weeks of medical treatment, and at the same time, destroyed the above taxi owned by the victim Alpha-si to take necessary measures, such as providing rescue to the victim F by stopping the said taxi without taking necessary measures, even though it damages the 674,518 won of repair cost.

Summary of Evidence

1. Legal statement of witness F;

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

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes for reporting on the occurrence of traffic accidents, a report on actual condition investigation, photographs of accident vehicles, and investigation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Article 148 and Article 54 (1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

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 of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures.

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