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(영문) 대구지방법원 서부지원 2017.12.20 2017고단1306
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 15, 2017, the Defendant driven the above car at around 02:50, and proceeded to turn to the right of the right of the next 5 main apartment complex in front of the second 5 main apartment complex of Sung-gu, Seo-gu, Seogu, Daegu, which is located in 181 south of the crew.

A person engaging in driving of a motor vehicle has a duty of care to inform the direction of driving in advance when driving a motor vehicle to turn to the left at the intersection, etc., and to make a good report on the traffic situation of the motor vehicle facing opposite on the opposite lane and to accurately manipulate the steering direction and brake system, etc. and to prevent the accident in advance by driving the motor vehicle where there is a vehicle driving the opposite lane.

Nevertheless, the defendant neglected this and proceeded to the left as it is, due to the negligence of the defendant's failure to turn to the left, and the part of the front right of the victim C (W, 38 years old) driving with the opposite opposite lane was shocked to the right right of the driver in front of the car of the defendant.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, the above victim E-owned car was damaged by the repair cost of KRW 872,903, such as the exchange of Lice pans, etc., and escaped without taking necessary measures, such as providing relief to the injured party by stopping immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of school accidents, a survey report on actual condition, vehicles and field photographs;

1. A medical certificate;

1. Written estimate;

1. The application of the laws and subordinate statutes of Section D;

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 Competition;

1. Selection of penalty;

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