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(영문) 대구지방법원 서부지원 2016.09.30 2016고단1029
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 10, 2016, the Defendant was a person who was engaged in driving BM5 automobiles, and the Defendant driven the said automobiles on April 10, 2016 to drive the said automobiles, and led the Defendant to drive the 5-lane road in front of D in Daegu Western-gu, Daegu-gu, along the four-lanes of the four-lanes of the four-lane distance flooding from the four-lanes of this Ri.

At the same time, the victim E-driving car was stopped for the signal waiting, and thus, the driver had a duty of care to safely operate the steering boat and brake system by accurately operating the steering boat and the steering system.

Nevertheless, the Defendant neglected this and proceeded without examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

As a result, the Defendant, by negligence in the above business, suffered a variety of dysium strings that require the victim to receive approximately two weeks medical treatment, and at the same time, destroyed the above dysium 945,008 won to repair the above dysium, and escaped without taking measures such as aiding the damaged person by stopping the vehicle immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Written estimate (F);

1. Application of Acts and subordinate statutes (E);

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was committed on the scene of the accident without any relief measures, where the defendant caused personal damage to the victim by traffic accident.

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