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(영문) 대구지방법원 2016.01.12 2015고단5470
특정범죄가중처벌등에관한법률위반(도주차량)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 who is engaged in the driving of a cargo vehicle B.

On September 5, 2015, the Defendant driven the above truck at around 02:00, and proceeded with the general lane that is located in the fluorite in the fluorite in the front-Eup, Chungcheongnam-do.

At night, at night, the DNA-learning car, which was driven by the victim C(49) at night, was stopped in order to issue the right of passage. In such a case, there was a duty of care to prevent conflict between the driver and the driver by thoroughly reducing the speed and lowering the speed.

Nevertheless, the Defendant neglected to do so and received the back portion of the said truck as the front part of the said truck due to occupational negligence, and caused the victim to suffer salt chills and tensions that require approximately two weeks of treatment. At the same time, the Defendant damaged the said chilling car to be 1,560,000 won of its repair cost, but failed to take necessary measures, such as immediately stopping and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A medical certificate;

1. Written estimate (D);

1. Four copies of the on-site photographs;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation (the case of a main vehicle that causes 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 (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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be limited to the mitigated area (6 months to October) (the person with special mitigation) (the person with special mitigation).

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