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(영문) 대구지방법원 2014.01.23 2013고단5884
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The Defendant is a person engaged in driving C5 tons truck.

On July 4, 2013, the Defendant, at around 20:43, proceeded in the direction of the longitude from the direction of the longitude.

At the time, since it is night and a place where vehicle traffic is frequent, there was a duty of care to accurately manipulate steering devices, brakes, etc. for persons engaged in driving service, and to prevent accidents in advance by checking the right and the right and the right and the right.

Nevertheless, the defendant has been negligent in operating by neglecting the front city, and the defendant is proceeding ahead of the negligence.

As a stop signal, the back part of the victim D(the age of 44) E-Wld-purbed vehicle was received as the front part of the Defendant's driving truck.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the definite base for treatment for about two weeks, and at the same time escaped without immediately stopping and taking necessary measures, such as providing relief to the victim, even though the victim’s driving car was damaged by the repair cost of KRW 976,434.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A traffic accident report or a traffic accident report (1);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction of things);

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. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act, which did not take necessary measures after giving rise to the accident, is not against the victim's liability.

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