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(영문) 대구지방법원 김천지원 2015.11.06 2015고단1096
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 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 Track Car B.

On July 11, 2015, the Defendant driven the above vehicle at around 08:46, and driven the front of the DNA set in the Gumi-si, Gumi-si, into about 60 km in speed, depending on the two-lanes in the direction of yellow-si apartment in the direction of the human road.

At the same time, there were two lanes in which victims E (n.e., 34 years old) are driving, and thus, the driver of a motor vehicle has a duty of care to operate direction direction, etc. when changing the vehicle, give notice of change of course and to change the vehicle line in line with the situation of traffic before and after the moving.

Nevertheless, the Defendant neglected this and received the front portion of the car driving by the Defendant on the right side of the car driving, which was proceeding in the same direction two lanes due to the negligence of changing the car line into the right side of the car driving by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to salt and tensions in need of treatment for about two weeks, and at the same time escaped without stopping and taking necessary measures, such as providing rescue to the victim, even though the said - car is damaged to be in excess of KRW 1,257,606, such as the exchange of the front-car driver, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A traffic accident report, photographs of damaged vehicles, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, which is of heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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