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(영문) 대구지방법원 김천지원 2017.10.19 2017고단822
특정범죄가중처벌등에관한법률위반(도주치상)
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

On May 4, 2017, the Defendant: (a) was a person engaged in driving a hurd motor vehicle B; (b) was driving a two-lane road near the central market 75-lane in the old-si industry on May 4, 2017 bypassing the road from the city to the flow-passing area.

Since a vehicle is a driving distance, a person engaged in driving service has a duty of care to reduce speed and drive safely when he/she gets able to live well on the right and the right of the course, does not intrudes the central line, and accurately operates the steering direction and the brake system and makes a bypass.

Nevertheless, the Defendant neglected to do so and neglected to commit the center line, and neglected bypassing it, received the front part of the victim C (the 51-year-old driving car) who stops in the signal atmosphere from the opposite direction as the front part of the car driven by the Defendant.

Although the Defendant, by such occupational negligence, sustained from the victim C the injury of saves, tensions, etc., such as saves, saves, tensions, etc., which require approximately three weeks of treatment, and the victim E (31 older) of the saves, saves, tensions, and so on, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. An accident scene photograph and a survey report on actual conditions;

1. Application of Acts and subordinate statutes of a written diagnosis (E), written diagnosis (C), and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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;

1. The reduction area (a period of 6 months to 1 year) of the type No. 1 (a period of imprisonment with prison labor after the injury) shall be reduced after the scope of the sentencing guidelines recommended to the effect of traffic accidents.

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