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(영문) 대구지방법원 2019.03.21 2018고단6062
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 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 e-cub vehicle B.

On October 12, 2018, the Defendant driven the above car at around 07:47, and proceeded one-lane road prior to the entrance of the C Village at Yongcheon-si, Youngcheon-si.

At the same time, the center line of yellow solid lines has been installed, so the driver of the motor vehicle has a duty of care to safely operate the motor vehicle with the driver's duty of care.

Nevertheless, the Defendant neglected to do so and received the front part of the left left-hand turn of the vehicle running at the C Village from the Youngcheon Sea by the negligence of driving the central line in order to overtake the E-mail vehicle of the victim D(48 years old) driving prior to the said vehicle.

As a result, the Defendant suffered injury to the victim, such as catum catum, etc., which requires approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, 446,58 won of repair expenses did not immediately stop the vehicle of the victim and abscond without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. He/she shall hear statements from victims;

1. Application of Acts and subordinate statutes concerning treatment;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant who committed the crime of sentencing under Article 62-2(1) of the Criminal Act.

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