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(영문) 대구지방법원 2018.07.04 2018고단2142
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 low-priced car.

On April 5, 2018, the Defendant driven the above car at around 00:40, and continued the front road in front of Daegu Metropolitan City Suwon-gu, Suwon-gu, into the middle four-distance outflow from the upper four-distance flood.

A person engaged in driving service has a duty of care to prevent accidents by operating a direction direction when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic conditions at the right and the right and the right and the right and right.

Nevertheless, the Defendant neglected this and changed the course from the three lanes to the two lanes in front of the previous week, and neglected the duty of the previous week, and neglected the duty of the previous week, the Defendant received the part of the victim D(50) to the left-hand door of the Defendant’s car at the ENp Scoo Scoo coo, which was in the atmosphere of the signal at the two lanes in front of the signal.

As a result, the Defendant got injured by the victim F (45 years old) and G (45 years old), each of which needs to be treated for about two weeks in the above occupational course and room, and went away without taking any rescue measures, by causing damage to the damaged vehicle by 3,295,778 won, such as exchange of right fences, etc., and by causing damage to the damaged vehicle to the right-hand part, and by causing the accident of drinking driving, the Defendant escaped without taking any rescue measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the occupation of measures not taken after an accident) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 Act with regard to orders to provide community service and attend lectures is traffic accidents.

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