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(영문) 대구지방법원 서부지원 2017.03.23 2016고단2737
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 engaging in driving a rocketing taxi.

On October 29, 2016, the Defendant driving the above taxi around 01:40, and driving the five-lane road in front of the two-lanes located in 1797 in Seo-gu, Seo-gu, Daegu, Seo-gu along the two-lanes in the direction of the two-lanes in the direction of the two-lanes.

In this case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right of the driver of the vehicle, and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear on the five-lanes by negligence, and led to the left-hand side of the Dtetra car driven by the victim C(35 years old) who stops on the five-lanes, and led to the panion and the driver’s door to the front-hand side of the Defendant’s taxi.

Defendant 1 caused injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks due to such occupational negligence, and at the same time, the said car was destroyed by the damage of approximately KRW 2,334,338, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement made by the police against C;

1. A traffic accident report, on-site photograph, on-site survey report, on-site oil photograph, damaged vehicle photograph, estimate, diagnostic note, CCTV closure photograph and image photograph, each piracy vehicle photograph, vehicle operation log, telephone record, telephone record, investigation report, and application of Acts and subordinate statutes;

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 (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) of the Criminal Act for mitigation of amount;

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