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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1457
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

On March 27, 2016, the Defendant driven at around 04:40, a B B B BW sport car, and proceeded two lanes from the scam to the west of 100km from the scam to the west, as in the new scam in the Seogu-gu Scatteringdong.

A person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by checking the left and right of the front.

However, the Defendant neglected to do so and proceeded along the victim C (45 tax) who was driven by the first lane of the road above the end of the road above the end of the road at the time of the Defendant’s negligence and shocked into the left side part of the car driving by the Defendant, following the car driving by the Defendant.

As a result, the Defendant, by negligence in the above occupational negligence, got the victim E (the victim E (the victim E) who was on board the cargo to suffer approximately 2 weeks of cherical treatment, and had the victim E (the victim E) who was on board the cargo to suffer approximately 703,028 cherical treatment, and at the same time, did not take necessary measures such as immediately stopping the cargo to ensure that the damaged person would be able to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Each written diagnosis;

1. A motor vehicle estimate;

1. Application of Acts and subordinate statutes to photographs and investigation reports (Attachment of black stuffs image photographs) damaged by vehicles involved in accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the occupation of measures not taken after an accident) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed on the victim E who has the largest penalty, but the punishment shall be imposed on the victim E who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment shall be imposed);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Suspension of execution;

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