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(영문) 대구지방법원 김천지원 2017.09.20 2017고단716
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 B-learning car.

On February 6, 2017, the Defendant driven the above car at around 04:10, and continued to drive it according to three-lanes among three-lanes at the 184km away from the 3-lanes of the 184km away from the Gyeong-gu, Kimcheon-si.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering gear.

Nevertheless, the Defendant neglected this and changed the lanes from the three lanes to the two lanes, but moved the three lanes to the three lanes again, and brought the three lanes in the same direction, and received the left side of the cargo vehicle into the right side of the victim C(50) driving.

As a result, the Defendant suffered from the victim’s salt and tensions for about two weeks’ medical treatment due to occupational negligence as above, and at the same time, destroyed the damaged cargo to require considerable amount of KRW 1,126,400 to repair the damaged cargo, and escaped without immediately stopping and taking necessary measures, such as providing relief to the injured party.

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 and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (to leave one driver's site, etc.);

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures: Personal information of the victims in traffic accidents.

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