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(영문) 대구지방법원 안동지원 2013.06.04 2013고단22
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

(State)The Defendant is a person who is engaged in the operation of a D Poter truck owned by C.

At around 20:50 on December 23, 2012, the Defendant operated the national highways No. 5 near the Ansan-dong Medical Center located in Ansan-dong, Ancheon-dong, and continued to proceed to permanent residence from the side of Ansan-dong.

At the time of the defendant's front-hand, the Fcoon driven by the victim E (ma, 62 years old) also had a duty of care to safely drive the vehicle and prevent the accident by driving it on the left-hand side in the case of overtaking and overtaking.

Nevertheless, the Defendant neglected to do so, and led to the wrong passing over on the right side of the cargo vehicle driven by the victim, the part over the upper right side of the cargo vehicle driven by the victim was shocked by the front part of the cargo vehicle driven by the Defendant.

The Defendant got knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to attach photographs of CCTV images for crime prevention);

1. Application of Acts and subordinate statutes to a traffic accident report, a report on actual condition investigation, a medical certificate, and a written 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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The suspended execution is against Article 62(1) of the Criminal Act, and is agreed with the victim; and

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